HomeMy WebLinkAboutBOCC Exhibits A-E ECY Approved SMP-Code AmendmentsKittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance
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EXHIBIT A
Kittitas County Shoreline Master Program Update
Board of County Commissioners
Description: Ordinance Adopting Kittitas County Shoreline Master Program
Kittitas County Shoreline Master Program is adopted as follows:
March 7, 2016
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Ecology Approved
Kittitas County
Shoreline Master Program
Ordinance No. 2016 -____
Ecology Effective Date March 7, 2016
Ecology Grant No: G1200054
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Kittitas County
Shoreline Master Program
Board of County Commissioners
Paul Jewell, District #1
Gary Berndt, District #2
Obie O’Brien, District #3
Prepared by:
This document should be cited as: Kittitas County Shoreline Master Program. March 7, 2016. Kittitas County
Shoreline Master Program Update.
Table of Contents 4 March 7, 2016
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Kittitas County
Shoreline Master Program
Table of Contents
1. Framework, purpose, principles and applicability .......................................... 9
1.1 The Shoreline Management Act ........................................................................ 9
1.2 Scope and jurisdiction of the Shoreline Master Program .................................. 9
1.3 Purpose and intent .......................................................................................... 10
1.4 Title and references ........................................................................................ 12
1.5 Public involvement process, advisory committee and agency coordination .... 12
1.6 Relationship to other plans .............................................................................. 14
1.7 Applicability ..................................................................................................... 15
1.8 Governing principles ....................................................................................... 16
1.9 Severability ...................................................................................................... 17
1.10 Effective date .................................................................................................. 17
2. Definitions ................................................................................................. 18
3. Goals and objectives ................................................................................. 32
3.1 Conservation element ..................................................................................... 32
3.2 Shoreline use element .................................................................................... 33
3.3 Economic development element ..................................................................... 33
3.4 Public access element .................................................................................... 34
3.5 Recreation element ......................................................................................... 35
3.6 Circulation element ......................................................................................... 36
3.7 Historical/cultural element ............................................................................... 36
3.8 Flood hazard prevention element .................................................................... 37
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4. Environment designations and management policies .................................. 38
4.1 Purpose and intent .......................................................................................... 38
4.2 Evaluation ....................................................................................................... 38
4.3 Environment designations ............................................................................... 38
4.4 Natural environment ........................................................................................ 38
4.5 Rural conservancy environment ...................................................................... 40
4.6 Urban conservancy environment ..................................................................... 41
4.7 Shoreline residential environment ................................................................... 43
4.8 Aquatic environment ....................................................................................... 43
4.9 Shoreline use and modification ....................................................................... 44
5. General policies and regulations ................................................................ 48
5.1 Archaeological and historical resources .......................................................... 48
5.2 Environmental protection and critical areas..................................................... 49
5.3 Flood hazard reduction ................................................................................... 84
5.4 Public access .................................................................................................. 87
5.5 Shoreline buffers and vegetation conservation ............................................... 91
5.6 Water quality, stormwater, and nonpoint pollution ........................................... 96
6. Shoreline use and modification policies and regulations .............................. 98
6.1 General shoreline use policies ........................................................................ 98
6.2 General shoreline modification policies ........................................................... 99
6.3 Agriculture ....................................................................................................... 99
6.4 Aquaculture ................................................................................................... 100
6.5 Boating facilities, marinas, piers, and docks.................................................. 101
6.6 Commercial development.............................................................................. 104
6.7 Dredging and dredge material disposal ......................................................... 105
6.8 Filling, grading, and excavation ..................................................................... 107
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6.9 Forest practices ............................................................................................. 110
6.10 Industrial and port development .................................................................... 111
6.11 In-stream structures ...................................................................................... 112
6.12 Mining ........................................................................................................... 114
6.13 Recreation ..................................................................................................... 117
6.14 Residential development ............................................................................... 119
6.15 Shoreline stabilization ................................................................................... 120
6.16 Shoreline restoration and habitat enhancement ............................................ 125
6.17 Signs ............................................................................................................. 128
6.18 Transportation ............................................................................................... 128
6.19 Utilities........................................................................................................... 130
6.20 Shoreline bulk and dimensional standards .................................................... 132
6.21 Shoreline Bulk and Dimensional Standards Table ........................................ 136
7. Administration and procedures ................................................................. 137
7.1 Purpose ......................................................................................................... 137
7.2 Applicability ................................................................................................... 137
7.3 Permit exemptions ........................................................................................ 139
7.4 Types of permits ............................................................................................ 147
7.5 Review authority ............................................................................................ 148
7.6 Review criteria ............................................................................................... 149
7.7 Review procedures ....................................................................................... 150
7.8 Appeals ......................................................................................................... 153
7.9 Timing ........................................................................................................... 154
7.10 Revisions....................................................................................................... 154
7.11 Liberal construction ....................................................................................... 156
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7.12 Enforcement .................................................................................................. 156
7.13 Amendments to master program ................................................................... 156
Acronym List ................................................................................................. 158
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Appendices
Appendix A: Shoreline Environment Designation Maps …………………………… 159
Appendix B: Shoreline Environment Designation Descriptions …………………... 191
L ist of Tables
Table 4.9-1. Shoreline Use and Modification Table ………………………. 44
Table 5.2-1. Wetland Buffers for Wetlands in Shoreline Jurisdiction …… 62
Table 5.2-2. Wetland Mitigation Ratios for Unavoidable Wetland
Impacts in Shoreline Jurisdiction ……………………………. 66
Table 5.2-3. Aquatic Habitat Conservation Area Buffers for Type F,
Np, and Ns Waters ……………………………………………. 69
Table 5.5-1. Standard Shoreline Buffers (Type S Waters) ………………. 93
Table 6.21-1. Shoreline Bulk and Dimensional Standards ………………… 136
Supporting Documents
Community Visioning Report October 2012
Shoreline Inventory and Characterization Report May 2013; January 2014
Addendum
Cumulative Impacts Analysis January 2014
Shoreline Restoration Plan April 2014
No Net Loss Report July 2014
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1. Framework, purpose, principles and applicability
Sections
1.1 The Shoreline Management Act
1.2 Scope and jurisdiction of the Shoreline Master Program
1.3 Purpose and intent of the Shoreline Master Program
1.4 Title and reference
1.5 Public involvement process, advisory committee and agency coordination
1.6 Relationship to other plans
1.7 Applicability
1.8 Governing principles
1.9 Severability
1.10 Effective date
1.1 The Shoreline Management Act
The Washington State Shoreline Management Act (also referred to in this document as
SMA or the Act) was passed by the legislature in 1971 and adopted by a vote of
Washington’s citizens in a 1972 referendum (RCW 90.58). The goal of the Shoreline
Management Act is “to prevent the inherent harm in an uncoordinated and piecemeal
development of the state’s shorelines.” The Act also recognizes that “shorelines are
among the most valuable and fragile” of the state’s resources.
The Act provides for the management and protection of the state’s shoreline resources
by requiring planning for their reasonable and appropriate use. The area regulated
under the Act includes lands within two hundred (200) feet of designated shorelines as
well as certain wetlands, river deltas, floodways and floodplains associated with such
shorelines.
The SMA establishes a balance of authority between local and state governments.
Cities and counties have the primary review responsibility for development along their
shorelines, and the state (through the Washington State Department of Ecology) has
authority to review local master programs and local shoreline development permit
decisions.
1.2 Scope and jurisdiction of the Shoreline Master Program
The Shoreline Management Act (SMA) applies to all 39 counties and more than 200 cities
in Washington State that have "shorelines of the state" (RCW 90.58.030(2)) within their
jurisdictional boundaries. Shorelines of the state include:
• All marine waters;
• Streams with greater than twenty cubic feet per second (20 cfs) mean annual
flow;
• Lakes twenty (20) acres or larger;
• Upland areas called shorelands that extend two hundred (200) feet landward, in
all directions on a horizontal plane, from the edge of the ordinary high water mark
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(OHWM) of these waters; and
• The following areas when they are associated with one of the above:
o Wetlands and river deltas; and
o Floodways and contiguous floodplain areas landward two hundred (200)
feet from such floodways.
The Act recognizes that certain waters are so important to citizens that they necessitate
a special status for classification and protection. These are “shorelines of statewide
significance.” The Act lists the following criteria for defining “shorelines of statewide
significance” in Eastern Washington:
Any [natural rivers or segments thereof] east of the crest of the Cascade range
downstream of a point where the annual flow is measured at two hundred cubic
feet per second or more, or those portions of rivers east of the crest of the
Cascade range downstream from the first three hundred square miles of
drainage area, whichever is longer. (RCW 90.58.030(2)(f)(v)(B))
All or portions of the following water bodies in Kittitas County are shorelines of statewide
significance:
• Cle Elum River
• Columbia River
• Kachess River
• Little Naches River
• Teanaway River
• Yakima River
• Priest Rapids Dam Reservoir
• Wanapum Dam Reservoir
• Cle Elum Lake
• Keechelus Lake
• Kachess Lake
In Kittitas County, shoreline jurisdiction includes: all shorelines of the state; upland
areas (shorelands) within two hundred (200) feet of the ordinary high water mark of
those waters; associated wetlands and river deltas; and floodways and contiguous
floodplain areas landward two hundred (200) feet from such floodways. A set of
shoreline environment designation maps depicting the updated jurisdictional areas are
included as Appendix A to this SMP. Shoreline environment designation descriptions
are included in Appendix B. Depictions of the shoreline jurisdiction boundaries are for
information purposes only and need to be confirmed in the field.
1.3 Purpose and intent
The purpose and intent of this SMP is to:
1. To promote the public health, safety and general welfare of the community by
providing long range, comprehensive policies and effective, reasonable regulations
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for development and use of shorelines within Kittitas County;
2. To manage shorelines in a positive, effective and equitable manner;
3. To assume and carry out the County’s responsibilities established by the Act; and
4. To implement RCW 90.58.020 for shorelines of the state:
It is the policy of the state to provide for the management of the shorelines of the
state by planning for and fostering all reasonable and appropriate uses. This
policy is designed to insure the development of these shorelines in a manner
which, while allowing for limited reduction of rights of the public in the navigable
waters, will promote and enhance the public interest. This policy contemplates
protecting against adverse effects to the public health, the land and its vegetation
and wildlife, and the waters of the state and their aquatic life, while protecting
generally public rights of navigation and corollary rights incidental thereto.
The legislature declares that the interest of all of the people shall be
paramount in the management of shorelines of statewide significance. The
department, in adopting guidelines for shorelines of statewide significance,
and local government, in developing master programs for shorelines of
statewide significance, shall give preference to uses in the following order of
preference which:
(1) Recognize and protect the statewide interest over local interest;
(2) Preserve the natural character of the shoreline;
(3) Result in long term over short term benefit;
(4) Protect the resources and ecology of the shoreline;
(5) Increase public access to publicly owned areas of the shorelines;
(6) Increase recreational opportunities for the public in the shoreline;
(7) Provide for any other element as defined in RCW 90.58.100 deemed
appropriate or necessary.
In the implementation of this policy the public's opportunity to enjoy the
physical and aesthetic qualities of natural shorelines of the state shall be
preserved to the greatest extent feasible consistent with the overall best
interest of the state and the people generally. To this end uses shall be
preferred which are consistent with control of pollution and prevention of
damage to the natural environment or are unique to or dependent upon use of
the state's shoreline. Alterations of the natural condition of the shorelines of
the state, in those limited instances when authorized, shall be given priority
for single family residences, ports, shoreline recreational uses including but
not limited to parks, marinas, piers, and other improvements facilitating public
access to shorelines of the state, industrial and commercial developments
which are particularly dependent on their location on or use of the shorelines
of the state, and other development that will provide an opportunity for
substantial numbers of the people to enjoy the shorelines of the state.
Permitted uses in the shorelines of the state shall be designed and conducted
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in a manner to minimize, insofar as practical, any resultant damage to the
ecology and environment of the shoreline area and any interference with the
public's use the water.
1.4 Title and references
This Document shall be known and may be cited as the “Kittitas County Shoreline
Master Program.” This document may be referred to herein as the “Program,” “Master
Program,” “Shoreline Master Program,” or “SMP.” Definitions referenced from WAC
173-26-020 are provided in Chapter 2, including “may”, “must”, “shall”, and “should”
which have specific meaning for implementation of the Shoreline Management Act.
1.5 Public involvement process, advisory committee and agency coordination
1. Public information and outreach
This SMP was updated as part of a multi-jurisdictional update process with Kittitas
County serving as project lead. The participating jurisdictions were Kittitas County, the
City of Ellensburg, the City of Cle Elum, and the Town of South Cle Elum. The
participating jurisdictions involved the public throughout the update effort consistent with
the Shoreline Management Act (see RCW 90.58.130) and the SMP Guidelines (WAC
173-26-090). As project lead, Kittitas County prepared a public participation plan that
identified specific objectives, key stakeholders, and timelines for public participation
activities.
2. Multi-jurisdictional SMP update coordination
The SMP update process was closely coordinated among the participating jurisdictions.
An interlocal agreement was adopted to define the responsibilities of each jurisdiction
and allocate resources from a Washington State Department of Ecology grant.
Kittitas County provided the primary professional and clerical support and was
responsible for project management and contracting. Staff assigned by the Cities and
Town coordinated local efforts on shorelines within their respective municipal boundaries.
The County coordinated the SMP update process with Washington State Department of
Ecology (Ecology), Washington State Department of Fish and Wildlife (WDFW), tribal
governments and other state agencies as required in the SMP update guidelines. In
addition, the County consulted with other entities for scientific, technical or cultural
information including federal agencies, watershed planning units, conservation districts,
public utility districts, and other institutions as needed.
All participating jurisdictions were responsible for reviewing and commenting on
recommended shoreline environment designations and the goals, policies, and use
regulations associated with those designations as well as the various supporting
documents including but not limited to: inventory characterization reports, restoration
plans and cumulative impact analysis. Each jurisdiction was responsible for approving
the final SMP through local adoption processes.
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3. Shoreline visioning process
To kick-off the process of developing the regional SMP, community-wide visioning
sessions were held in Ellensburg and Cle Elum to gather input on how the shoreline
areas should look five (5) to ten (10) years from now. Community visioning
questionnaires were also distributed widely throughout the County to solicit feedback.
Community members provided input on topics such as public access, water-related and
water-dependent uses, recreation, restoration activities and more. A summary of the
community visioning process can be found in the Community Visioning Report dated
October 2012.
4. Regional Shoreline Master Program website
A web page was developed and hosted on the Kittitas County website to share
information about the regional SMP update process and to provide opportunities for the
public to submit comments and input.
The webpage contained a range of information and documentation related to the
development of the SMP update process including:
- background materials
- public participation plan and process timeline
- frequently asked questions
- information on how to participate in the process
- community visioning questionnaire
- information on advisory committees
- meeting materials and summaries
- key contacts
The webpage was kept current and maintained throughout the duration of the
update.
5. Technical Advisory Committee
Kittitas County, with input from the Cities and Town invited a group of representatives
within the scientific community from statewide agencies, the Yakama Nation, the private
sector, and academia to participate on the Technical Advisory Committee (TAC). The
purpose of the TAC was to help focus technical discussions and identify key technical
and policy issues associated with the SMP update process. The TAC provided input
on data inventory and materials collection, shoreline characterization, shoreline
analysis, shoreline designations, shoreline restoration, and monitoring and enforcement
efforts. The TAC met monthly between April 2012 and August 2012. Meetings were
open to the public.
6. Open public forums and public meeting events
Open public forums (i.e., public meetings, open houses, workshops) were used
throughout the regional SMP update process. They were deployed as an early action
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strategy to improve public knowledge and investment in the regional SMP update
process. Later in the update process, open public forums provided opportunities for the
jurisdictions to present draft goals, policies, and regulations, as well as a place for
citizens to provide comments and input on the draft goals, policies and regulations.
Open public forums were held in July 2012 (two open houses), September 2012
(community visioning workshop), November 2012 (open house) and January 2014
(open house). Additional targeted outreach was conducted by County staff by attending
a regular meeting or meeting with individuals of the following groups: Central
Washington Homebuilders Association, Kiwanis of Ellensburg and Cle Elum, the Kittitas
Field and Stream Club, the Kittitas County Farm Bureau, and the Washington
Cattlemen’s Association.
7. Citizen Advisory Committee
The Citizen Advisory Committee (CAC) was established to finalize recommendations on
environment designations, goals, policies, and use regulations. Representatives were
selected by each of the four participating jurisdictions. The jurisdictions coordinated their
selections to achieve a diverse mix of interests including agriculture, recreation, power
generation, real estate/development, environment, sporting and conservation.
Invitations to participate were also extended to the Washington State Departments of
Ecology, Natural Resources, and Fish and Wildlife, and the Yakama Indian Nation. The
committee began meeting in October 2012 and continued through December 2013.
Meetings were open to the public.
1.6 Relationship to other plans
The Growth Management Act (GMA) defines shoreline master program policies as a
part of the local comprehensive plan:
For shorelines of the state, the goals and policies of the shoreline management
act as set forth in RCW 90.58.020 are added as one of the goals of this chapter
as set forth in RCW 36.70A 020. . . . The goals and policies of a shoreline
master program for a county or city approved under RCW Chapter 90.58 shall
be considered an element of the county or city's comprehensive plan. All other
portions of the shoreline master program for a county or city adopted under
RCW Chapter 90.58, including use regulations, shall be considered a part of the
county or city's development regulations. (RCW 36. 70A.480 (1))
Counties and cities that plan under the GMA are required, under RCW 36.70A, to
ensure that there is internal consistency between the comprehensive plan elements,
future land use plan, and implementing development regulations (including master
programs.
The GMA also calls for coordination and consistency of comprehensive plans among
local jurisdictions:
The comprehensive plan of each county or city that is adopted pursuant to RCW
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36.70A.040 shall be coordinated with, and consistent with, the comprehensive
plans adopted pursuant to RCW 36.70A.040 of other counties or cities with which
the county or city has, in part, common borders or related regional issues. (RCW
36.70A.100)
This regional SMP update has been developed to comply with the GMA requirements
for internal consistency with each jurisdiction’s comprehensive plan and implementing
regulations as well as to ensure coordination and consistency between the County,
Cities and Town.
1.7 Applicability
1. Unless specifically exempted below, all proposed uses and development occurring
within shoreline jurisdiction must conform to the intent and requirements of RCW
Chapter 90.58, the Shoreline Management Act, and this Program whether or not a
permit or other form of authorization is required. See Section 1.2 for the definition of
shoreline jurisdiction; Chapter 7 for permit procedures; and Chapter 2 for definitions
of uses, activities, and development.
2. The following activities are not considered “development” for the purpose of this
SMP:
a. Interior building improvements that do not change the use or occupancy;
b. Exterior building maintenance activities, including painting and roofing, that do
not expand the existing footprint of the structure;
c. Routine landscape maintenance of established, ornamental landscaping, such as
lawn mowing, pruning and weeding; and
d. Maintenance of the following existing facilities that does not expand the affected
area: septic tanks (routine cleaning), wells, and individual utility service
connections.
3. Development on non-federal land is subject to this SMP and must obtain a shoreline
permit, even if it is leased, rented, etc. to the federal government, unless the state
has ceded regulatory authority by statute.
4. Federal lands include, but are not limited to, national forests, national parks, national
wilderness areas, and lands owned by the Federal Bureau of Land Management
(BLM). The following subsections shall guide the determination of SMP applicability
on federal lands:
a. Federal development on federally owned land is not required to obtain a
shoreline permit, unless otherwise required by law, but shall be consistent to the
maximum extent practicable with this master program;
b. Non-federal activities, uses and development on federally owned land are subject
to this SMP and must obtain a shoreline permit;
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5. As recognized by RCW 90.58.350, the provisions of this SMP shall not affect treaty
rights of Indian Nations or tribes.
1.8 Governing principles
The following principles, in conjunction with the policy statements of RCW 90.58.020,
establish the foundation for the goals, policies and regulations of this Program:
1. Any inconsistencies between this Program and the Act must be resolved in
accordance with the Act.
2. The policies of this Program may be achieved by diverse means including, but not
limited to: regulation of development; acquisition of lands and/or easements by
purchase or gift; public facility and park planning; watershed planning; voluntary
salmon recovery projects; and incentive programs.
3. Regulation of private property to implement Program goals must be consistent with
all relevant constitutional and other legal limitations including, but not limited to: civil
rights guaranteed by the U.S. and state constitutions, recent federal and state case
law, and state statutes.
4. Regulatory or administrative actions contained herein must not unconstitutionally
infringe on private property rights or result in an unconstitutional taking of private
property.
5. The waters of the state are owned by the citizens of the state. The property rights
accrued to the citizens of the state must not be infringed upon by activities that
denigrate the value of this ownership interest.
6. The regulatory provisions of this Program are limited to shorelines of the state,
whereas the planning functions of this Program may extend beyond the designated
shoreline boundaries.
7. The policies and regulations established by the Regional Shoreline Master Program
must be integrated and coordinated with those policies and rules of the
comprehensive plans and development regulations adopted by the participating
jurisdictions under the GMA.
8. Protecting the shoreline environment is an essential statewide policy goal, consistent
with other policy goals. Permitted and/or exempt development, actions taken prior to
the Act’s adoption, and/or unregulated activities can impair shoreline ecological
processes and functions. This Program protects the shoreline ecology from such
impairments in the following ways:
a. By using a process that identifies, inventories, and ensures meaningful
understanding of current and potential ecological functions provided by affected
shorelines.
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b. By including policies, regulations, and incentives designed to ensure all
development, including permit-exempt development, will not cause a net loss of
shoreline ecological function.
c. By including regulations and incentives designed to restore impaired ecological
functions where such functions have been identified, consistent with the
Restoration Plan dated April 2014.
d. By including policies and regulations to address cumulative impacts, including
the cumulative effect of exempt development, and by fairly allocating the burden
of addressing such impacts among development opportunities.
e. By including policies and regulations that coordinate shoreline management
while protecting private property rights, consistent with the public interest.
9. In light of other relevant local, state, and federal regulatory and non-regulatory
programs, the County will balance the policy goals of this Program to the extent
consistent with the policies of the Act and these governing principles, and modify this
Program to reflect changing circumstances.
1.9 Severability
Shall any chapter, section, subsection, paragraph, sentence, clause or phrase of this
Program be declared unconstitutional or invalid for any reason, such decision shall not
affect the validity of the remaining portions of this Program.
1.10 Effective date
This Program and all amendments thereto shall become effective 14 days after final
approval by Ecology.
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2. Definitions
The terms used throughout this Program shall be defined and interpreted as indicated
below. When consistent with the context, words used in the present tense shall include
the future; the singular shall include the plural, and the plural the singular. Definitions
established by WAC 173 have been incorporated herein; and should these definitions in
the WAC be amended, the most current WAC definition shall apply.
1. "Act" means the Washington State Shoreline Management Act, RCW Chapter
90.58.
2. "Administrator" means the director of the Kittitas County Community Development
Services or designee.
3. "Agricultural activities" means agricultural uses and practices including, but not
limited to: Producing, breeding, or increasing agricultural products; rotating and
changing agricultural crops; allowing land used for agricultural activities to lie fallow
in which it is plowed and tilled but left unseeded; allowing land used for agricultural
activities to lie dormant as a result of adverse agricultural market conditions; allowing
land used for agricultural activities to lie dormant because the land is enrolled in a
local, state, or federal conservation program, or the land is subject to a conservation
easement; conducting agricultural operations; maintaining, repairing, and replacing
agricultural equipment; maintaining, repairing, and replacing agricultural facilities,
provided that the replacement facility is no closer to the shoreline than the original
facility; and maintaining agricultural lands under production or cultivation.
4. "Agricultural products" includes, but is not limited to, horticultural, viticultural,
floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and
apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and
similar hardwood trees grown as crops and harvested within twenty (20) years of
planting; and livestock including both the animals themselves and animal products
including, but not limited to, meat, upland finfish, poultry and poultry products, and
dairy products.
5. "Ag ricultural equipment" and "agricultural facilities" includes, but is not limited
to:
1. The following used in agricultural operations: Equipment; machinery; constructed
shelters; buildings and ponds; fences; upland finfish rearing facilities; water
diversion, withdrawal, conveyance, and use equipment and facilities including,
but not limited to, pumps, pipes, tapes, canals, ditches, and drains;
2. Corridors and facilities for transporting personnel, livestock, and equipment to,
from, and within agricultural lands;
3. Farm residences and associated equipment, lands, and facilities; and
4. Roadside stands and on-farm markets for marketing fruit or vegetables.
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6. "Agricultural land" means those specific land areas on which agricultural activities
are conducted as of the date of adoption of a local master program pursuant to
these guidelines as evidenced by aerial photography or other documentation. After
the effective date of the master program, land converted to agricultural use is subject
to compliance with the requirements of the master program.
7. "Alluvial fan" or "Alluvial fan hazard area" is a low, outspread, relatively flat-to-
gentle sloping features deposited by a stream at the transitional area between valley
floodplains and steep mountain slopes. Channel pattern is highly variable, often
dependent on substrate size and age of the landform. Channels may change course
frequently, resulting in a multi-branched stream network. Channels can also be
deeply incised within highly erodible alluvial material.
8. "Amendment" means a revision, update, addition, deletion, and/or reenactment to
an existing shoreline master program.
9. "Approval" means an official action by a local government legislative body agreeing
to submit a proposed shoreline master program or amendments to the Washington
State Department of Ecology for review and official action pursuant to this chapter;
or an official action by the Washington State Department of Ecology to make a local
government shoreline master program effective, thereby incorporating the approved
shoreline master program or amendment into the state master program.
10. "Aquaculture" means the culture or farming of fish, shellfish, or other aquatic plants
and animals. Aquaculture does not include the harvest of wild geoduck associated
with the state managed wildstock geoduck fishery.
11. "Average grade level" means the average of the natural or existing topography of
the portion of the lot, parcel, or tract of real property which will be directly under the
proposed building or structure. In the case of structures to be built over-water,
average grade level shall be the elevation of the ordinary high water mark (OHWM).
Calculation of the average grade level shall be made by averaging the ground
elevations at the midpoint of all exterior walls of the proposed building or structure.
12. "Avulsion" means a sudden cutting off or separation of land by a flood breaking
through a meander or by a sudden change in current whereby the stream deserts its
old channel for a new one.
13. "Boat launch ramp" means a graded slope, slab, pad, plank or rail used for
launching boats by means of a trailer, hand, or mechanical device.
14. "Boat launch ramp, primitive" means a boat launch ramp designed to facilitate
hand launching of small crafts provided the materials and design are compatible with
the site.
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15. "Boat launch ramp, public or community" means a boat launch ramp owned or
operated by a public entity or privately owned or operated and open to the public or
community group (e.g., homeowner’s association).
16. "Bulkhead" means a wall-like, shoreline armoring structure such as a revetment
that is placed parallel to the shoreline (at or near the OHWM) primarily for retaining
uplands, stabilizing shoreline and fills, and prone to sliding or sheet erosion and to
protect uplands and fills from erosion by waves or currents.
17. "Channel migration zone (CMZ)" means the area along a river within which the
channel(s) can be reasonably predicted to migrate over time as a result of natural
and normally occurring hydrological and related processes when considered with the
characteristics of the river and its surroundings.
18. "Conditional use" means a use, development, or substantial development which is
classified as a conditional use or is not classified within the master program.
19. "Comprehensive master program update" means a master program that fully
achieves the procedural and substantive requirements of the Washington State
Department of Ecology’s shoreline master program guidelines effective January 17,
2004, as now or hereafter amended.
20. "Comprehensive plan" means the current comprehensive plan of the County,
adopted by the Board pursuant to State law.
21. "Critical areas" includes the following areas and ecosystems: (a) Wetlands; (b)
areas with a critical recharging effect on aquifers used for potable water; (c) fish and
wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically
hazardous areas. "Fish and wildlife habitat conservation areas" do not include such
artificial features or constructs as irrigation delivery systems, irrigation infrastructure,
irrigation canals, or drainage ditches that lie within the boundaries of and are
maintained by a port district or an irrigation district or company.
22. "Critical aquifer recharge area (CARA)" means an area designated by WAC 365-
190-100 that is determined to have a critical recharging effect on aquifers (i.e.,
maintain the quality and quantity of water) used for potable water as defined by
WAC 365-190-030(3).
23. "Critical facility" means a facility for which even a slight chance of flooding,
inundation, or impact from a hazard event might be too great. Critical facilities
include, but are not limited to, schools, nursing homes, hospitals, police, fire and
emergency response installations, and installations that produce, use, or store
hazardous materials or hazardous waste.
24. "Dam" means a barrier or controlling and appurtenant works across a stream or
river that does or can confine, impound or regulate flow or raise water levels for
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purposes such as flood or irrigation water storage, erosion control, power
generation, or collection of sediment or debris.
25. "Degradation" as it pertains to riverine morphology means the lowering of a
streambed due to such factors as increased scouring.
26. "Development" means a use consisting of the construction or exterior alteration of
structures, dredging, drilling, dumping, filling; removal of any sand, gravel or
minerals; bulkheading; driving of pilings; placing of obstructions; interior building
improvements that do not change the use or occupancy; or any project of a
permanent or temporary nature that interferes with the normal public use of the
surface of the waters overlying lands subject to the Shoreline Management Act at
any stage state of water level. Residential development includes single-family
development, multi-family development, and the creation of new residential lots
through subdivision.
27. "Development regulations" means the controls placed on development or land
uses by a county or city, including, but not limited to, zoning ordinances, critical
areas ordinances, all portions of a shoreline master program other than goals and
policies approved or adopted under RCW Chapter 90.58, planned unit development
ordinances, subdivision ordinances, and binding site plan ordinances, together with
any amendments thereto.
28. "Ecological functions" or "shoreline functions" means the work performed or
role played by the physical, chemical, and biological processes that contribute to the
maintenance of the aquatic and terrestrial environments that constitute the
shoreline's natural ecosystem. See WAC 173-26-201(2)(c).
29. "Ecological restoration" see definition for "restore.”
30. "Ecologically intact shorelines" means those shoreline areas that retain the
majority of their natural shoreline functions, as evidenced by the shoreline
configuration and the presence of native vegetation, and provide valuable functions for
the larger aquatic and terrestrial environments which could be lost or significantly
reduced by human development. Ecologically intact shoreline areas range from larger
reaches that may include multiple properties to small areas located within a single
property and are generally free of structural shoreline modifications, structures, and
intensive human uses.
31. "Ecosystem-wide processes" means the suite of naturally occurring physical and
geologic processes of erosion, transport, and deposition; and specific chemical
processes that shape landforms within a specific shoreline ecosystem and
determine both the types of habitat and the associated ecological functions.
32. "Enhancement" means actions performed within an existing degraded shoreline,
critical area, and/or buffer to intentionally increase or augment one or more
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ecological functions or values of the existing area. Enhancement actions include, but
are not limited to, increasing plant diversity and cover; increasing wildlife habitat and
structural complexity (snags, woody debris); installing environmentally compatible
erosion controls; removing non-indigenous plant or animal species; or removing
human-made structures or fill that are degrading ecological functions or values.
33. "Environmental designation" means a categorical classification of a land parcel
that reflects the biological and physical character of the shoreline, as well as the type
of development that has or should take place in a given area.
34. "Exempt" developments are those set forth in WAC 173-27-040 and RCW
90.58.030(3)(e), 90.58.140(9), and 90.58.515 which are not required to obtain a
substantial development permit but which must otherwise comply with applicable
provisions of the act and the local master program.
35. "Fair market value" of a development is the open market bid price for conducting
the work, using the equipment and facilities, and purchase of the goods, services
and materials necessary to accomplish the development. This would normally
equate to the cost of hiring a contractor to undertake the development from start to
finish, including the cost of labor, materials, equipment and facility usage,
transportation and contractor overhead and profit. The fair market value of the
development shall include the fair market value of any donated, contributed or found
labor, equipment or materials.
36. "Feasible" means, for the purpose of this chapter, that an action, such as a
development project, mitigation, or preservation requirement, meets all of the
following conditions:
1. The action can be accomplished with technologies and methods that have been
used in the past in similar circumstances, or studies or tests have demonstrated
in similar circumstances that such approaches are currently available and likely
to achieve the intended results;
2. The action provides a reasonable likelihood of achieving its intended purpose;
3. The action does not physically preclude achieving the project's primary intended
legal use; and
4. In cases where these guidelines require certain actions unless they are
infeasible, the burden of proving infeasibility is on the applicant. In determining
an action's infeasibility, the reviewing agency may weigh the action's relative
public costs and public benefits, considered in the short- and long-term time
frames.
37. "Feedlot" means the use of structures or pens for the concentrated feeding or
holding of animals or poultry including, but not limited to, horses, cattle, sheep or
swine. This definition includes dairy confinement areas, slaughterhouses, shipping
terminal holding pens, poultry and/or egg production facilities and fur farms, but does
not include animal husbandry and normal farming practices.
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38. "Fill" means any solid or semi-solid material that when placed, changes the grade
or elevation of the receiving site, including the addition of soil, sand, rock, gravel,
sediment, earth retaining structure, or other material to an area waterward of the
ordinary high water mark (OHWM), in wetlands, or on shorelands in a manner that
raises the elevation or creates dry land.
39. "Fish and wildlife habitat conservation area" means Fish and Wildlife Habitat
Conservation Areas (FWHCA) that serve a critical role in sustaining needed habitats
and species for the functional integrity of the ecosystem, and which, if altered, may
reduce the likelihood that the species will persist over the long term. These areas
may include, but are not limited to, rare or vulnerable ecological systems;
communities; and habitat or habitat elements including seasonal ranges, breeding
habitat, winter range, and movement corridors; and areas with high relative
population density or species richness. These areas do not include such artificial
features or constructs as irrigation delivery systems, irrigation infrastructure,
irrigation canals, or drainage ditches that lie within the boundaries of and are
maintained by a port district or an irrigation district or company.
40. "Floodplain" is synonymous with one hundred-(100)-year floodplain and means
that land area susceptible to inundation with a one percent (1%) chance of being
equaled or exceeded in any given year. The limit of this area shall be based upon
flood ordinance regulation maps or a reasonable method which meets the objectives
of the act.
41. "Floodway" means the area, as identified in a master program, that either:
1. Has been established in federal emergency management agency flood
insurance rate maps or floodway maps (defined as the channel of a river or
other watercourse and the adjacent land areas that must be reserved in order
to discharge the base flood (one hundred-(100)-year flood) without cumulatively
increasing water surface elevation more than a designated height of one (1)
foot); or
2. Consists of those portions of a river valley lying streamward from the outer
limits of a watercourse upon which flood waters are carried during periods of
flooding that occur with reasonable regularity, although not necessarily
annually; said floodway being identified, under normal condition, by changes in
surface soil conditions or changes in types or quality of vegetative ground cover
condition, topography, or other indicators of flooding that occur with reasonable
regularity, although not necessarily annually. Regardless of the method used to
identify the floodway, the floodway shall not include those lands that can
reasonably be expected to be protected from flood waters by flood control
devices maintained by or maintained under license from the federal
government, the state, or a political subdivision of the state.
42. "Frequently flooded areas" means lands in the floodplain subject to a one percent
(1%) or greater chance of flooding in any given year, or within areas subject to
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flooding due to high groundwater and those lands that provide important flood
storage, conveyance, and attenuation functions. These areas include, but are not
limited to, streams, rivers, lakes, wetlands, and areas where high groundwater forms
ponds on the ground surface. As designated and classified determined by a local
government in accordance with WAC 365-190-110. Classifications of frequently
flooded areas include, at a minimum, the one hundred-(100)-year floodplain
designations of the Federal Emergency Management Agency and the National Flood
Insurance Program.
43. "Geotechnical analysis" or "geotechnical report" means a scientific study or
evaluation conducted by a qualified expert that includes a description of the ground
and surface hydrology and geology, the affected land form and its susceptibility to
mass wasting, erosion, and other geologic hazards or processes, conclusions and
recommendations regarding the effect of the proposed development on geologic
conditions, the adequacy of the site to be developed, the impacts of the proposed
development, alternative approaches to the proposed development, and measures
to mitigate potential site-specific and cumulative geological and hydrological impacts
of the proposed development, including the potential adverse impacts to adjacent
and down-current properties. Geotechnical reports shall conform to accepted
technical standards and must be prepared by qualified professional engineers or
geologists who have professional expertise about the regional and local shoreline
geology and processes.
44. "Grading" means the movement or redistribution of the soil, sand, rock, gravel,
sediment, or other material on a site in a manner that alters the natural contour of
the land.
45. "Groundwater" means all the water that exists beneath the land surface or beneath
the bed of any stream, lake or reservoir, or other body of surface water, whatever
may be the geological formation or structure in which such water stands or flows,
percolates or otherwise moves.
46. "Height" is measured from average grade level to the highest point of a structure:
provided, that television antennas, chimneys, and similar appurtenances shall not be
used in calculating height, except where such appurtenances obstruct the view of
the shoreline of a substantial number of residences on areas adjoining such
shorelines, or the applicable master program specifically requires that such
appurtenances be included; provided further, that temporary construction equipment
is excluded in this calculation.
47. “High intensity agricultural activities” means dairies, animal feed lots, nurseries,
greenhouses, and like uses which are commercially operated.
48. “Hobby farm” means a primary residence with an associated small farm, operated
for pleasure or supplemental income, where the resident(s) and/or property owner(s)
conduct agricultural activities similar to high intensity agricultural activities.
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49. “Hyporheic zone” is the region beneath and alongside a stream bed, where there
is mixing of shallow groundwater and surface water.
50. "In-stream structure" is a structure, other than a pier or dock, which is placed
waterward of the ordinary high water mark and either causes or has the potential to
cause water impoundment or the diversion, obstruction, or modification of water
flow. In-stream structures include natural materials that are installed or repositioned
by humans, such as root wads and log jams, for purposes of stream restoration or
shoreline stabilization.
51. "Lake" means a body of standing water in a depression of land or expanded part of
a stream, of twenty (20) acres or greater in total surface area, including reservoirs. A
lake is bounded by the ordinary high water mark (OHWM), or where a stream enters
the lake, the extension of the lake's OHWM within the stream.
52. "Limited master program amendment" means a master program amendment that
addresses specific procedural and/or substantive topics and which is not intended to
meet the complete requirements of a comprehensive master program update.
53. "Local government" means any county, incorporated city or town which contains
within its boundaries shorelines of the state subject to RCW Chapter 90.58.
54. "Marine" means pertaining to tidally influenced waters, including oceans, sounds,
straits, marine channels, and estuaries, including the Pacific Ocean, Puget Sound,
Straits of Georgia and Juan de Fuca, and the bays, estuaries, and inlets associated
therewith.
55. "Master program" or "Shoreline master program" or “Program” means the
comprehensive use plan for a described area, the use regulations together with
maps, diagrams, charts, or other descriptive material and text, a statement of
desired goals, and standards developed in accordance with the policies enunciated
in RCW 90.58.020 and the applicable guidelines. As provided in RCW 36.70A.480,
the goals and policies of a shoreline master program approved under RCW Chapter
90.58 shall be considered an element of the county’s comprehensive plan. All other
portions of the county’s shoreline master program adopted under RCW Chapter
90.58, including use regulations, shall be considered a part of the county’s
development regulations.
56. "May" means the action is acceptable, provided it conforms to the provisions of this
chapter.
57. "Mineral prospecting" means to excavate, process, or classify aggregate using
hand-held mineral prospecting tools and mineral prospecting equipment, conducted
according to the provisions of WAC 220-110-200 through 220-110-206.
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58. "Mining" means the removal of sand, gravel, soil, minerals, and other earth
materials for commercial and other uses. Mining does not include mineral
prospecting conducted according to WAC 220-110-200 through 220-110-206.
59. "Must" means a mandate; the action is required.
60. "Natural or existing topography" means the topography of the lot, parcel, or tract
of real property immediately prior to any site preparation or grading, including
excavation or filling.
61. "Nonconforming structure" means a structure within the shoreline jurisdiction that
was lawfully established prior to the effective date of this master program, or through
the variance process, which does not conform to present setbacks, buffers, bulk,
height or other development standards.
62. “Nonconforming use” means a use which was lawfully established prior to the
effective date of this master program, or amendments thereto, but which does not
conform to present regulations or standards of this program, including procedural
requirements such as those requiring certain uses to obtain conditional use permit
approval.
63. "Non-water-oriented uses" means those uses that are not water-dependent,
water-related, or water-enjoyment.
64. "Ordinary high water mark (OHWM)" on all lakes, streams, and tidal water means
that mark that will be found by examining the bed and banks and ascertaining where
the presence and action of waters are so common and usual, and so long continued
in all ordinary years, as to mark upon the soil a character distinct from that of the
abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as
it may naturally change thereafter, or as it may change thereafter in accordance with
permits issued by a local government or the Washington State Department of
Ecology; provided that in any area where the OHWM cannot be found, the OHWM
salt water shall be the line of mean higher high tide and the OHWM adjoining
freshwater shall be the line of mean high water.
65. "Permit" means any substantial development, variance, conditional use permit, or
revision authorized under RCW Chapter 90.58.
66. "Priority habitat" means a habitat type with a unique or significant value to one (1)
or more species. An area classified and mapped as priority habitat must have one
(1) or more of the following attributes: comparatively high fish or wildlife densities;
comparatively high fish or wildlife species diversity; fish spawning habitat; important
wildlife habitat; important fish or wildlife seasonal range; important fish or wildlife
movement corridors; rearing and foraging habitat; refuge; limited availability; high
vulnerability to habitat alteration; unique or dependent species; or shellfish beds. A
priority habitat may be described by its unique vegetation type or by a dominant
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plant species that is of primary importance to fish and wildlife (such as oak
woodlands or eelgrass meadows). A priority habitat may also be described by a
successional stage (such as old growth and mature forests). Alternatively, a priority
habitat may consist of a specific habitat element (such as talus slopes, caves,
snags) of key value to fish and wildlife. A priority habitat may contain priority and/or
non-priority fish and wildlife (WAC 173-26-020(28)).
67. "Priority species" means species requiring protective measures and/or
management guidelines to ensure their persistence at genetically viable population
levels. Priority species are those that meet any of the criteria listed in WAC 173-26-
020(29).
68. "Program" see definition for "Master program."
69. "Provisions" means policies, regulations, standards, guideline criteria or
environment designations.
70. "Public interest" means the interest shared by the citizens of the state or
community at large in the affairs of government, or some interest by which their
rights or liabilities are affected including, but not limited to, an effect on public
property or on health, safety, or general welfare resulting from a use or
development.
71. "Qualified professional" means a person with experience and training with
expertise appropriate for the relevant subject. A qualified professional must have
obtained a B.S. or B.A. degree or have appropriate education and experience in
biology, soil science, engineering, environmental studies, fisheries, geology,
geomorphology, or related field.
72. "Rehabilitation" means a type of restoration action intended to repair natural or
historic functions and processes. Activities could involve breaching a dike to
reconnect wetlands to a floodplain or other activities that restore the natural water
regime.
73. "Restore," "restoration" or "ecological restoration" means the re-establishment
or upgrading of impaired ecological shoreline processes or functions. This may be
accomplished through measures including, but not limited to, re-vegetation, removal
of intrusive shoreline structures and removal or treatment of toxic materials.
Restoration does not imply a requirement for returning the shoreline area to
aboriginal or pre-European settlement conditions.
74. "Riverine erosion hazard areas" are located within the lateral extent of likely
watercourse channel movement due to bank destabilization and erosion, rapid
incision, and shifts in location of watercourse channels. Riverine erosion hazard
areas are also referred to as channel migration zones (CMZs).
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75. "Setback" means the distance a building or structure is placed behind a specified
limit such as a lot line or shoreline buffer.
76. "Shall" means a mandate; the action must be done.
77. "Shorelands" or "shoreland areas" means those lands extending landward for two
hundred (200) feet in all directions as measured on a horizontal plane from the
OHWM; floodways and contiguous floodplain areas landward two hundred (200) feet
from such floodways; and all wetlands and river deltas associated with the streams,
lakes, and tidal waters which are subject to the provisions of this chapter; the same
to be designated as to location by the Washington State Department of Ecology.
1. Any county or city may determine that portion of a one hundred-(100)-year-
floodplain to be included in its master program as long as such portion includes,
as a minimum, the floodway and the adjacent land extending landward two
hundred (200) feet therefrom.
2. Any city or county may also include in its master program land necessary for
buffers for critical areas, as defined in RCW Chapter 36.70A, that occur within
shorelines of the state, provided that forest practices regulated under RCW
Chapter 76.09, except conversions to non-forest land use, on lands subject to the
provisions of RCW 90.58.030(2)(d)(ii) are not subject to additional regulations
under this chapter.
78. "Shoreline areas" and "shoreline jurisdiction" means all "shorelines of the state"
and "shorelands" as defined in RCW 90.58.030.
79. "Shoreline functions" see definition for "ecological functions."
80. "Shoreline master program" see definition for "master program."
81. "Shoreline modifications" means any human activity that changes the structure,
hydrology, habitat, and/or functions of a shoreline. Bulkheads, piers, docks,
shoreline stabilization systems, clearing and grading, application of chemicals,
berms or significant vegetation removal, and dikes are all examples of shoreline
modifications.
82. "Shorelines" means all of the water areas of the state, including reservoirs, and
their associated shorelands, together with the lands underlying them; except (i)
shorelines of statewide significance; (ii) shorelines on segments of streams
upstream of a point where the mean annual flow is twenty cubic feet per second (20
cfs) or less and the wetlands associated with such upstream segments; and (iii)
shorelines on lakes less than twenty (20) acres in size and wetlands associated with
such small lakes.
83. "Shorelines of statewide significance" means the shorelines identified in RCW
90.58.030 which because of their elevated status require the optimum
implementation of the Shoreline Management Act’s policies. This includes all rivers
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with a mean annual flow of greater than two hundred cubic feet per second (200 cfs)
and lakes with surface areas of one thousand (1,000) acres or more.
84. "Shorelines of the state" are the total of all "shorelines" and "shorelines of
statewide significance" within the state.
85. "Should" means that the particular action is required unless there is a
demonstrated, compelling reason, based on policy of the Shoreline Management Act
and this chapter, against taking the action.
86. "Significant vegetation removal" means the removal or alteration of trees, shrubs,
and/or groundcover by clearing, grading, cutting, burning, chemical means, or other
activity that causes significant ecological impacts to functions provided by such
vegetation. The removal of invasive or noxious weeds does not constitute significant
vegetation removal. Tree pruning, not including tree topping where it does not affect
ecological functions, does not constitute significant vegetation removal.
87. "State master program" means the cumulative total of all shoreline master
programs and amendments thereto approved or adopted by rule by the Washington
State Department of Ecology.
88. "Structure" means a permanent or temporary edifice or building, or any piece of
work artificially built or composed of parts joined together in some definite manner,
whether installed on, above, or below the surface of the ground or water, except for
vessels.
89. "Structure, in-stream" see definition for "In-stream Structure."
90. "Substantial development" as defined by RCW 90.58.030(3)(e).
91. "Transmit" means to send from one (1) person or place to another by mail or hand
delivery. The date of transmittal for mailed items is the date that the document is
certified for mailing or, for hand-delivered items, is the date of receipt at the
destination.
92. “Type F water” means streams and waterbodies that are known to be used by fish,
or meet the physical criteria to be potentially used by fish. Fish streams may or may
not have flowing water all year; they may be perennial or seasonal.
93. “Type Np water” means streams that have flow year round and may have spatially
intermittent dry reaches downstream of perennial flow. Type Np streams do not meet
the physical criteria of a Type F stream.
94. “Type Ns water” means stream that do not have surface flow during at least some
portion of the year, and do not meet the physical criteria of a Type F water.
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95. “Type S water” means streams and waterbodies that are designated as “shorelines
of the state.”
96. "Water-dependent use" means a use or portion of a use which cannot exist in a
location that is not adjacent to the water and which is dependent on the water by
reason of the intrinsic nature of its operations.
97. "Water-enjoyment use" means a recreational use or other use that facilitates
public access to the shoreline as a primary characteristic of the use; or a use that
provides for recreational use or aesthetic enjoyment of the shoreline for a substantial
number of people as a general characteristic of the use and which through location,
design, and operation ensures the public's ability to enjoy the physical and aesthetic
qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must
be open to the general public and the shoreline-oriented space within the project
must be devoted to the specific aspects of the use that fosters shoreline enjoyment.
98. "Water-oriented use" means a use that is water-dependent, water-related, or
water-enjoyment, or a combination of such uses.
99. "Water quality" means the physical characteristics of water within shoreline
jurisdiction, including water quantity, hydrological, physical, chemical, aesthetic,
recreation-related, and biological characteristics. Where used in this chapter, the
term "water quantity" refers only to development and uses regulated under this
chapter and affecting water quantity, such as impermeable surfaces and stormwater
handling practices. Water quantity, for purposes of this chapter, does not mean the
withdrawal of groundwater or diversion of surface water pursuant to RCW 90.03.250
through 90.03.340.
100. "Water-related use" means a use or portion of a use which is not intrinsically
dependent on a waterfront location but whose economic viability is dependent upon
a waterfront location because:
1. The use has a functional requirement for a waterfront location such as the arrival
or shipment of materials by water or the need for large quantities of water; or
2. The use provides a necessary service supportive of the water-dependent uses
and the proximity of the use to its customers makes its services less expensive
and/or more convenient.
101. "Water system" means any system providing water intended for, or used for,
human consumption, domestic uses, or commercial businesses. It includes, but is
not limited to, the source, purification, storage, transmission, pumping, and
distribution facilities.
102. “Wetland creation” means construction of a wetland in an area that was
historically non-wetland.
103. "Wetland restoration" means restoration of original wetland hydrology,
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vegetation, and functions at sites where wetlands existed previously, but where they
have been impacted by prior or surrounding land uses.
104. "Wetlands" means areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and that under normal
circumstances do support a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas. Wetlands do not include those artificial wetlands intentionally created
from non-wetland sites, including, but not limited to, irrigation and drainage ditches,
grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm
ponds, and landscape amenities, or those wetlands created after July 1, 1990, that
were unintentionally created as a result of the construction of a road, street, or
highway. Wetlands may include those artificial wetlands intentionally created from
non-wetland areas to mitigate the conversion of wetlands.
105. "Variance" is a means to grant relief from the specific bulk, dimensional or
performance standards set forth in the applicable master program and not a means
to vary a use of a shoreline.
106. "Vessel" includes ships, boats, barges, or any other floating craft which are
designed and used for navigation and do not interfere with the normal public use of
the water.
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3. Goals and objectives
Sections
3.1 Conservation element
3.2 Shoreline use element
3.3 Economic development element
3.4 Public access element
3.5 Recreation element
3.6 Circulation element
3.7 Historical/cultural element
3.8 Flood hazard prevention element
3.1 Conservation element
A. Goals
1. Develop and implement management practices that will conserve and sustain
shoreline resources and important natural features.
2. Protect the ecological functions and values of the shoreline areas to ensure no net
loss.
3. Protect fragile natural areas and resources.
4. Promote restoration of shoreline ecological functions and processes.
B. Objectives
1. Preserve unique, rare, and fragile natural features, habitats and native shoreline
vegetation.
2. Avoid and minimize adverse impacts to natural systems and quality of the shoreline
environment.
3. Preserve the scenic and aesthetic quality of shorelines and vistas to the greatest
extent feasible.
4. Locate and design new uses and development to avoid impacts to shoreline
resources. Where there is no feasible alternative, require that adverse impacts be
mitigated to achieve no net loss of shoreline ecological functions.
5. Follow best management practices (BMPs) that protect water quality.
6. Integrate critical area standards in the Shoreline Master Program with the policies
and regulations of the local jurisdiction.
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3.2 Shoreline use element
A. Goals
1. Consider the use and development of shorelines and adjacent land areas for public
and private land uses in relation to the natural environment.
2. Ensure no net loss of ecological function.
B. Objectives
1. Give shoreline use preference to single-family residential uses, ports, shoreline
recreational uses, and water-dependent commercial or industrial developments that
are consistent with preservation of shoreline ecological functions and processes.
2. Give secondary preference to water-related and water-enjoyment uses.
3. Allow non-water-oriented uses only when substantial public benefit is provided with
respect to the goals of the Act for public access and ecological restoration.
4. Locate, design, and manage shoreline uses to prevent a net loss of shoreline
ecological functions and processes over time. Where adverse impacts are
unavoidable, require mitigation to ensure no net loss of shoreline ecological
functions.
5. Ensure proposed residential developments are compatible with or enhance the
aesthetic quality of the shoreline area.
6. Design and locate residential development to preserve the natural landscape and
shoreline ecology and minimize conflicts with present and planned land uses.
7. Encourage mixed use developments that include and support water-oriented uses
and provide a substantial public benefit consistent with the public access and
ecological restoration goals and policies of the Act.
8. Locate new high intensity uses in areas that are not susceptible to erosion and
flooding and where impacts to ecological functions can be avoided.
9. Plan for and control stormwater runoff from new developments and redevelopment
projects. When required, provide treatment consistent with state and local standards.
3.3 Economic development element
A. Goals
1. Recognize the role of shorelines, recreational opportunities, and agriculture and
forest products industry in attracting people to the region as residents, business
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owners, tourists, and second home owners.
2. Support uses that contribute to the region’s economy while maintaining the qualities
and functions of the shorelines, flood prone areas and channel migration zones.
B. Objectives
1. Protect existing agricultural and commercial forest land uses and provide for new
environmentally sensitive resource-based development.
2. Develop the recreational industry along shorelines in a manner that will enhance
public enjoyment of the shorelines and provide an economic benefit to the
community.
3. Ensure that any economic activity taking place in the shoreline environment
operates in a manner that protects shoreline ecological functions and processes.
Minimize and mitigate unavoidable impacts.
4. Encourage appropriate new water-dependent, water-related, or water-enjoyment
activities along shorelines not prone to flooding.
3.4 Public access element
A. Goals
1. Develop and maintain a network of safe, convenient and diversified access
opportunities for the public to enjoy the physical and aesthetic qualities of the
shorelines of Kittitas County.
2. Recognize the rights of private property owners.
B. Objectives
1. Promote and enhance the public interest with regard to rights to access waters held
in public trust by the state, while protecting private property rights and public safety.
2. Encourage incorporation of shoreline access into private and public shoreline use
and development proposals. Allow private access developed for residential
development to be limited to owners within that development.
3. Encourage the acquisition of suitable upland shoreline properties to provide public
access to publicly-owned shorelines. Prioritize shoreline reaches with limited access
opportunities, where public access is compatible with the shoreline environment.
4. Encourage the development of additional public access to the shoreline on lands
owned by the county, state, and federal government and through public easements.
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5. Consider the diverse needs of residents and visitors in acquisition and design of
public access facilities.
6. Locate, design, develop, manage and maintain public access in a manner that
protects shoreline ecological functions and processes and minimizes impacts to
surrounding properties.
7. Provide, protect, and enhance physical and visual access to shorelines.
8. Design and maintain public access so that negative impacts to surrounding
properties (e.g., trespass and litter) are eliminated or reduced.
3.5 Recreation element
A. Goal
1. Provide opportunities and space for diverse forms of water-oriented recreation.
B. Objectives
1. Prioritize water-oriented shoreline recreational development that is primarily related
to access, enjoyment, and use of the water and shorelines of the state.
2. Locate, design, develop, manage, and maintain recreational areas in a manner that
protects shoreline ecological functions and processes.
3. Recognize and protect the public interest by providing increased recreational
opportunities within shorelines of statewide significance.
4. Provide diverse choices of regional water-oriented public recreational opportunities.
5. Consider measures necessary to establish a high level of compatibility with other
uses and activities and avoid negative impacts to the shoreline environment when
locating, designing and operating recreational developments.
6. Encourage private investment in water-oriented recreational facilities that are open
to the public.
7. Encourage federal, state, and local governments to develop existing sites and
evaluate opportunities to acquire additional shoreline property for public recreational
use.
8. Encourage development of non-motorized multi-use trails that provide recreation
and transportation opportunities where compatible with shoreline ecological
functions.
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3.6 Circulation element
A. Goal
1. Create and maintain a comprehensive circulation system which provides for the
safe, convenient, economic, and diversified movement of people, goods, and
services, with minimum disruption to the shoreline area and environment.
B. Objectives
1. Locate and design new circulation systems for alternative modes of transportation
where the natural landscape can be preserved, ecological function maintained, and
land use conflicts minimized.
2. Locate, design, develop, manage, and maintain transportation systems in a manner
that protects shoreline ecological functions and processes. Minimize and mitigate
unavoidable impacts.
3. Encourage the use of waterborne transportation for recreational uses.
4. Locate new road corridors for motorized vehicles outside of shoreline jurisdiction
unless there is no reasonably feasible location.
3.7 Historical/cultural element
A. Goal
1. Identify, protect, preserve and restore sites that have historical, cultural, educational,
and scientific value and/or significance.
B. Objectives
1. Protect cultural and historic sites in collaboration with appropriate tribal, state,
federal, and local governments.
2. Encourage cooperation between public agencies and private parties in the
identification, protection, and management of historical and cultural resources.
3. Where appropriate, restore unique educational, historically, or culturally significant
features to further enhance the value of the shorelines.
4. Provide access to sites in a manner that does not degrade the cultural or historical
resource or impact the quality of the environment.
5. Incorporate opportunities for education related to archaeological, historical, and
cultural features into public and private programs and development where
appropriate.
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3.8 Flood hazard prevention element
A. Goal
1. Prevent and minimize flood damage potential.
B. Objectives
1. Comply with the requirements of the National Flood Insurance Program.
2. Ensure conformance with applicable flood prevention codes and hazard
management and mitigation plans.
3. Design, locate, and maintain flood hazard reduction measures to avoid a net loss of
shoreline ecological functions.
4. Encourage bio-stabilization methods for erosion damage repair whenever possible.
5. Recognize that flooding is a natural process and that floodplains are integral to
functioning river ecosystems.
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4. Environment designations and management policies
Sections
4.1 Purpose and intent
4.2 Evaluation
4.3 Environment designations
4.4 Natural environment
4.5 Rural conservancy environment
4.6 Urban conservancy environment
4.7 Shoreline residential environment
4.8 Aquatic environment
4.9 Shoreline use and modification table
4.1 Purpose and intent
This chapter is intended to meet the requirements in WAC 173-26-211(2)(a),
which states:
Master programs shall contain a system to classify shoreline areas into specific
environment designations. This classification system shall be based on the existing
use pattern, the biological and physical character of the shoreline, and the goals and
aspirations of the community as expressed through comprehensive plans as well as
the criteria in this Section. Each master program's classification system shall be
consistent with that described in WAC 173-26-211 (4) and (5) unless the alternative
proposed provides equal or better implementation of the act.
4.2 Evaluation
Environment designations were created by evaluating the existing use patterns,
biological and physical characteristics, zoning designations, and comprehensive plan
designations. The inventory and characterization data, depicted on maps and described
in text, was used to determine the extent of shoreline alterations.
4.3 Environment designations
The shoreline environment designation system includes five (5) environments: natural,
rural conservancy, urban conservancy, shoreline residential, and aquatic. Each
environment designation contains a purpose statement, management policies and
designation criteria.
For all areas not specifically designated, the environment designation will be rural
conservancy in rural areas, and urban conservancy in urban growth areas.
4.4 Natural environment
A. Purpose
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The purpose of the natural shoreline environment designation is to protect or restore
shoreline areas that are relatively free of human influence or include intact or minimally
degraded shoreline functions intolerant of human use. The natural shoreline environment
designation maintains the ecological functions and ecosystem-wide processes of such
areas by limiting future uses to low intensity uses that are compatible with the natural
characteristics that make these areas unique and valuable.
B. Management policies
Shoreline use and development within this designation must be consistent with the
following policies:
1. Prioritize preservation of the area’s ecological functions, natural features and overall
character over other potential uses.
2. Prohibit land uses and development that would substantially degrade the ecological
functions or natural character of the shoreline area, including:
a. Commercial uses;
b. Industrial uses;
c. Non-water-oriented recreation; and
d. Subdivision of property in a configuration that will require significant vegetation
removal or shoreline modification to support the intended use or development.
3. Discourage roads, utility corridors, and parking areas that can be located outside of
natural shoreline environment designation.
4. Allow the following as conditional uses when they are developed and operated in a
manner consistent with the purpose of this environment designation:
a. Single-family residential development, provided the density and intensity is limited
to protect ecological functions; and
b. Commercial forestry provided it meets the conditions of the State Forest Practices
Act.
5. Allow uses developed and operated in a manner consistent with the purpose of this
environment designation that will not result in significant ecological impacts, such as:
a. Agriculture uses of a very low intensity nature;
b. Scientific, historical, cultural, and educational research uses; and
c. Low-intensity water-oriented recreational access.
C. Designation criteria
1. A natural environment designation should be assigned to shoreline areas if any of
the following characteristics apply:
a. The shoreline is ecologically intact and therefore, currently performing an
important, irreplaceable function or ecosystem-wide process that would be
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damaged by human activity;
b. The shoreline is considered to represent ecosystems or geologic types that are of
particular scientific and educational interest;
c. The shoreline is unable to support new uses or development without significant
adverse impacts to ecological functions or risk to human safety; or
d. The shoreline includes largely undisturbed portions of shoreline areas such as
wetlands, alkaline lakes, unstable bluffs, and ecologically intact shoreline habitats.
2. Areas with significant existing agriculture lands should not be included in the natural
designation, except where the existing agricultural operations involve very low
intensity uses where there is no significant impact on natural ecological functions, and
where the intensity or impacts associated with such agriculture activities is unlikely to
expand in a manner inconsistent with the natural designation.
4.5 Rural conservancy environment
A. Purpose
The purpose of the rural conservancy environment is to protect ecological functions,
natural resources, and valuable historic and cultural areas in order to provide for
sustained resource use, natural flood plain processes, and recreational opportunities.
B. Management policies
Shoreline uses and development within this designation must be consistent with the
following policies:
1. Limit permanent uses in the rural conservancy environment to those that sustain the
shoreline area’s physical and biological resources. Examples of appropriate uses
include, but are not limited to: low impact outdoor recreation uses, agricultural uses,
aquaculture, low intensity residential development, and other natural resource based
low intensity uses.
2. Restrict temporary uses to those that do not substantially degrade ecological functions
or the rural or natural character of the shoreline area.
3. Prohibit commercial and industrial uses, except:
a. Agriculture and aquaculture consistent with provisions of this program;
b. Low intensity, water-oriented commercial and industrial uses in the limited
instances where those uses have located in the past or at unique sites in rural
communities that possess shoreline conditions and services to support the use or
development.
4. Encourage water-dependent and water-enjoyment recreation such as boating
facilities, angling, hunting, wildlife viewing trails, and swimming beaches as preferred
uses, provided significant adverse impacts to the shoreline are mitigated and the uses
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and development do not deplete the resource over time.
5. Recognize mining is a unique use that may be appropriate within the rural
conservancy environment when conducted in a manner consistent with the
environment policies and the provisions of WAC 173-26-241(3)(h) and located
consistent with mineral resource lands designation criteria.
6. Allow construction of new structural shoreline stabilization and flood control works only
where there is a documented need to protect an existing structure or ecological
functions and mitigation is applied, consistent with WAC 173-26-231. New uses and
development should be designed and located to preclude the need for such work.
7. Apply residential development standards that preserve the existing character of the
shoreline consistent with the purpose of the environment and ensure no net loss of
shoreline ecological functions.
8. New shoreline stabilization, flood control measures, vegetation removal, and other
shoreline modifications should be designed and managed to ensure protection of
natural shoreline functions and consistency with planned restoration.
9. Developments and uses that would substantially degrade or permanently deplete the
biological resources of the area should not be allowed.
C. Designation criteria
1. A rural conservancy environment designation should be assigned to shoreline areas
outside incorporated municipalities and outside urban growth areas, as defined by
RCW 36.70A.110, if any of the following characteristics apply:
a. The shoreline is currently supporting lesser intensity resource-based uses, such as
agriculture, or recreational uses, or is designated agricultural lands pursuant to
RCW 36.70A.170;
b. The shoreline is currently accommodating residential uses outside urban growth
areas and incorporated cities or towns;
c. The shoreline is supporting human uses but subject to environmental limitations,
such as properties that include or are adjacent to steep banks, feeder bluffs, flood
plains, or other flood prone areas;
d. The shoreline is of high recreational value or with unique historic or cultural
resources; or
e. The shoreline has low intensity water-dependent uses.
4.6 Urban conservancy environment
A. Purpose
The purpose of the urban conservancy environment is to protect and restore ecological
functions of open space, floodplain and other sensitive lands where they exist in urban
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and developed settings, while allowing a variety of compatible uses.
B. Management policies
Shoreline use and development within this designation must be consistent with the
following policies:
1. Allow primarily uses that preserve the natural character of the area or promote
preservation of open space, floodplain or sensitive lands either directly or over the
long-term. Allow uses that result in restoration of ecological functions if the use is
otherwise compatible with the purpose of the environment and the setting.
2. Establish standards for shoreline stabilization measures, vegetation conservation,
water quality, and shoreline modifications to ensure that new uses and/or
development does not result in a net loss of shoreline ecological functions or further
degrade other shoreline values.
3. Public access and public recreation objectives should be preferred uses and
implemented whenever feasible if significant ecological impacts can be mitigated.
4. Encourage uses to include restoration of ecological functions in the design of project
components.
5. Prioritize water-oriented uses over non-water-oriented uses. For shoreline areas
adjacent to commercially navigable waters, water-dependent uses should be given
highest priority.
6. Recognize mining is a unique use that may be an appropriate use within the urban
conservancy environment when conducted in a manner consistent with the
environment policies and the provisions of WAC 173-26-241(3)(h) and located
consistent with mineral resource lands designation criteria.
C. Designation criteria
1. Assign an urban conservancy environment designation to shoreline areas appropriate
and planned for development that is compatible with maintaining or restoring the
ecological functions of the area, that are not generally suitable for water-dependent
uses and that lie in incorporated municipalities, urban growth areas, or commercial
or industrial "limited areas of more intense development" if any of the following
characteristics apply:
a. They are suitable for water-related or water-enjoyment uses;
b. They are open space, floodplain or other sensitive areas that should not be more
intensively developed;
c. They have potential for ecological restoration;
d. They retain important ecological functions, even though partially developed; or
e. They have the potential for development that is compatible with ecological
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restoration.
4.7 Shoreline residential environment
A. Purpose
The purpose of the shoreline residential environment is to accommodate residential
development and accessory structures as well as appropriate public access and
recreational uses.
B. Management policies
Shoreline use and development within this designation must be consistent with the
following policies:
1. Apply development standards that preserve the existing character of the shoreline and
ensure no net loss of shoreline ecological functions in a manner consistent with the
purpose of the environment and the local comprehensive plan.
2. Provide public access and joint use for community recreational facilities associated
with multi-family, multi-lot residential and recreational developments.
3. Ensure access, utilities, and public services are available and adequate to serve
existing needs and planned future development.
4. Limit commercial development to water-oriented uses.
C. Designation criteria
Assign a shoreline residential environment designation to shoreline areas inside urban
growth areas, as defined in RCW 36.70A.110, incorporated municipalities, "limited areas
of more intense rural development," "master planned resorts," as described in RCW
36.70A.360, and in limited rural areas that are developed with or planned and platted for
predominantly single-family or multi-family residential development.
4.8 Aquatic environment
A. Purpose
The purpose of the aquatic environment is to protect, restore, and manage the unique
characteristics and resources of the areas waterward of the Ordinary High Water Mark
(OHWM).
B. Management policies
Shoreline use and development within this designation must be consistent with the
following policies:
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1. Allow new over-water structures only for water-dependent uses, public access, or
ecological restoration.
2. Limit the size of new over-water structures to the minimum necessary to support the
structure's intended use.
3. Encourage multiple uses of over-water facilities.
4. Locate and design all uses and developments on navigable waters or their beds to:
a. Minimize interference with surface navigation;
b. Consider impacts to public views; and
c. Allow for the safe, unobstructed passage of fish and wildlife, particularly those
species dependent on migration.
5. Prohibit uses that adversely impact the ecological functions of critical freshwater
habitats except where necessary to achieve the objectives of RCW 90.58.020, and
then only when their impacts are mitigated according to the sequence described in
Section 5.2.B.2 to assure no net loss of ecological functions.
6. Design and manage shoreline uses and modifications to prevent degradation of water
quality and alteration of natural hydrographic conditions.
C. Designation criteria
Assign an aquatic environment designation to lands waterward of the OHWM.
4.9 Shoreline use and modification
Shoreline use and modification shall be classified by the Administrator and regulated
under one or more of the following applicable sections of this Program.
Table 4.9-1: Shoreline Use and Modification Table
Legend
P: Permitted with a shoreline permit
C: Conditional use permit required
X: Prohibited
S: Refer to upland shoreline environment.
NA: Use is not applicable in this environment
Proposed Land Use Shoreline Environment Designation
Urban Conservancy Shoreline Residential Rural Conservancy Natural Aquatic Agriculture
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Proposed Land Use Shoreline Environment Designation
Urban Conservancy Shoreline Residential Rural Conservancy Natural Aquatic Grazing P P P P NA
Cultivation/orchards P P P C NA
Buildings P P P C NA
Feedlot X X X X NA
Manure Lagoon X X X X NA
Aquaculture
Floating net pens
NA NA NA NA C
On shore, confined types of facilities and accessory
structures C C C X NA
Boating facilities and marinas
Covered over-water structures NA NA NA NA X
Launch ramps, public or community P P C C S
Launch ramps, primitive P P P P S
Launch ramps, private X X X X X
Marinas P P C X S
Private and joint use docks, piers, and floats P P P C S
Commercial
Water-dependent P X P X S
Water-enjoyment P C P X S
Water-related C X C X S
Non-water-oriented X X X X X
Dredging
Dredging and dredge material disposal associated with
maintenance of public facilities and approved by
WDFW.
P P P X S
All other dredging and dredge material disposal
C C C X S
Filling, grading, and excavation
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Proposed Land Use Shoreline Environment Designation
Urban Conservancy Shoreline Residential Rural Conservancy Natural Aquatic Activities defined in Sections 2.38 and 2.44
Requirements for fill landward of the ordinary high
water mark shall be based on corresponding primary
land use in Table 4.9-1. Fill waterward of the ordinary
high water mark for any use except ecological
restoration requires a conditional use permit.
(1) (1) (1) (1) (1)
Forest Practices
Non-federal and non-exempt practices P P P C S
Industrial
Water-oriented industrial development C C C X S
Non-water-oriented industrial development X X X X X
In-stream structures
In-stream structures except those specifically listed
below.
P P C C S
Dam s, diversions, and tailrace structures C C C C C
Channelization or dams for flood control C P C X S
Mining
Mineral prospecting P P P P P
Mining C X C X C
Surface oil and gas drilling X X X X X
Recreational
Water-dependent P P P P P
Water-enjoyment P P P P P
Water-related P P P C S
Non-water-oriented C C C X S
Residential
Single-family dwelling, including accessory dwelling unit P P P C X
Two-family dwelling P P P X X
Multi-family dwelling P P X X X
Overwater residence X X X X X
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Proposed Land Use Shoreline Environment Designation
Urban Conservancy Shoreline Residential Rural Conservancy Natural Aquatic Shoreline restoration and habitat enhancement
Shoreline restoration and habitat enhancement
activities P P P P S
Shoreline stabilization
Dikes/levees C C C X C
Breakwaters, groins and jetties C C C C C
Bulkheads and revetments C C C X C
Bioengineering approaches P P P C C
Signs
Signage P P P P X
Transportation
Roads, bridges, and railroads P P P X S
Parking accessory to a permitted use P P P C X
Parking not accessory to a permitted use X X X X X
Unclassified Uses
Uses not otherwise identified in this Table C C C C C
Utilities
Utility facilities accessory to existing uses and/or
developments or undergoing shoreline review N/A N/A N/A N/A N/A
Water System P P P C S
Utility production and processing facilities (see
5.19.B.4) C C C X C
Solid waste disposal facilities X X X X X
Power generating facilities C C C C C
Transmission facilities (see 5.19.B.9-10)
C C C C C
Telecommunication towers X X X X X
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5. General policies and regulations
Sections
5.1 Archaeological and historical resources
5.2 Environmental protection and critical areas
A. Policies for all critical areas
B. General regulations for environmental protection
C. General regulations for all critical areas
D. Mitigation – requirements for all critical areas
E. Mitigation – mitigation plan contents for all critical areas
F. Wetlands – designation, mapping, delineation, and categorization
G. Wetlands – buffers
H. Wetlands – reporting
I. Wetlands – compensatory mitigation
J. Aquatic habitat conservation areas – designation and mapping
K. Aquatic habitat conservation areas – buffers
L. Aquatic habitat conservation areas – reporting
M. Wildlife habitat conservation areas – designation, classification, mapping, and
surveying
N. Wildlife habitat conservation areas – reporting and mitigation requirements
O. Geologically hazardous areas – designation, classification, and mapping
P. Geologically hazardous areas – reporting and protection standards
Q. Frequently flooded areas – designation and mapping
R. Frequently flooded areas – protection standards
S. Frequently flooded areas – reporting
T. Frequently flooded areas – compensatory mitigation
U. Critical aquifer recharge areas – designation, mapping, and classification
V. Critical aquifer recharge areas – protection standards
W. Critical aquifer recharge areas – reports
5.3 Flood hazard reduction
5.4 Public access
5.5 Shoreline buffers and vegetation conservation
5.6 Water quality, stormwater, and nonpoint pollution
5.1 Archaeological and historical resources
The following provisions apply to cultural, archaeological, and historical resources that
are either recorded at the Washington State Department of Archeology and Historic
Preservation and/or by local jurisdictions or have been inadvertently uncovered.
Archaeological sites located both in and outside shoreline jurisdiction are subject to
RCW Chapter 27.44 (Indian graves and records) and RCW Chapter 27.53
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(Archaeological sites and records). Shoreline uses or development that may impact such
sites shall comply with WAC Chapter 25-48 as well as the provisions of this chapter.
A. Policies
1. Care should be taken to avoid disturbing archeological and historical resources
along Kittitas County shorelines.
2. Prevent the destruction of or damage to any site having historic, cultural, scientific, or
educational value as identified by the appropriate authorities, including affected
Indian tribes, and the Department of Archaeology and Historic Preservation.
3. Uses and development along shorelines in areas documented to contain
archaeological resources should include consultation with professional
archaeologists and affected Indian tribes to identify areas containing potentially
valuable data, and to establish procedures for salvaging the data or maintaining the
area in an undisturbed condition.
B. Regulations
1. Developers and property owners shall immediately stop work and notify the local
government, the Washington State Department of Archeology and Historic
Preservation and affected Indian tribes if archaeological resources are uncovered
during excavation. Construction may recommence pursuant to RCW 27.44.040,
RCW 27.53.040 and WAC 25-48-030. A notification stating this requirement shall be
included on shoreline permit documents.
2. Prior to issuance of a permit in areas documented to contain cultural or
archaeological resources, a cultural resources site inspection or evaluation by a
professional archaeologist shall be required in coordination with affected Indian
tribes.
3. If a cultural resource site inspection or evaluation identifies the presence of
significant historic or archaeological resources, a cultural resource management
plan shall be prepared by a professional archaeologist or historic preservation
professional. In addition, a permit or other requirements administered by the
Washington State Department of Archaeology and Historic Preservation pursuant to
RCW 27.44 and RCW 27.53 may apply.
5.2 Environmental protection and critical areas
A. Policies
1. The beneficial functions of shorelines, critical areas, and critical freshwater habitats,
should be protected and potential dangers or public costs associated with the
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inappropriate use of such areas should be minimized by reasonable regulation of
shoreline use and development.
2. To implement the policy stated above, it is the intent of this Section to accomplish
the following:
a. Categorize and designate critical areas that occur within shoreline jurisdiction
according to the Shoreline Management Act requirements in RCW 90.58 and
regulate critical areas according to WAC 173-26.
b. Designate buffer widths to protect shoreline resources, maintain fish and wildlife
habitat, and achieve the goal of having no net loss of shoreline ecological
functions.
c. Preserve, protect, manage, or regulate critical areas that have a direct or indirect
effect on conservation of fish, wildlife, other natural resources, and values.
d. Conserve and protect the environmental attributes of Kittitas County that
contribute to the quality of life for residents of both Kittitas County and the state
of Washington.
e. Regulate use and development adjacent to shoreline water bodies and within
critical areas on adjacent shore lands.
f. Guide development proposals to the most environmentally suitable and naturally
stable portion of a development site.
g. Protect people and property from hazards associated with floods, landslides,
erosion, migrating river channels, and other natural processes or events.
h. Minimize the costs that the public has to bear to protect properties in hazardous
areas or to repair damages associated with floods and other hazards.
i. Reduce cumulative adverse environmental impacts to water availability, water
quality, wetlands, aquatic and wildlife habitat conservation areas, frequently
flooded areas, and geologically hazardous areas.
j. Maintain and protect both acreage and functions of regulated wetlands in Kittitas
County through general protection standards, enhancement, restoration, and
creation.
k. Protect water quality by controlling erosion, providing guidance in the siting of
land uses and activities to prevent or reduce the release of chemical or bacterial
pollutants into waters of the state, and maintaining stream flows and habitat
quality for fish.
l. Conserve drainage features that function together or independently to collect,
store, purify, discharge, and/or convey waters of the state.
m. Maintain groundwater recharge and prevent the contamination of groundwater
resources to ensure water quality and quantity for public and private uses and
critical area functions.
n. Promote the restoration of degraded critical areas and their buffers in order to
regain lost ecological functions and values and improve the economic health and
stability of Kittitas County.
o. Recognize that the protection of critical areas and their buffers is important for
maintaining hyporheic zone functions.
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3. In protecting and restoring shorelines and critical areas within shoreline jurisdiction,
the full spectrum of planning and regulatory measures should be integrated,
including the comprehensive plan, interlocal watershed plans, local development
regulations, and state, tribal, and federal programs.
4. The planning objectives of this SMP for critical areas shall be the protection of
existing ecological functions and ecosystem-wide processes and restoration of
degraded ecological functions and ecosystem-wide processes. The regulatory
provisions for critical areas shall protect existing ecological functions and
ecosystem-wide processes.
5. Promote human uses and values that are compatible with the other objectives of this
Section, such as public access and aesthetic values, provided that impacts to
ecological functions are first avoided, and any unavoidable impacts are mitigated.
B. Regulations—general regulations for environmental protection
The following provisions apply to any use or development occurring in shoreline
jurisdiction whether or not a permit or other authorization is required from Kittitas
County.
1. Proponents of new shoreline use and development, including preferred uses and
uses that are exempt from permit requirements, shall employ all reasonable
measures to protect shoreline functions and processes.
2. Adverse impacts caused by new shoreline use and development shall be mitigated
using the following actions in order of priority (referred to as the mitigation
sequence):
a. Avoiding the impact altogether by not taking a certain action or parts of an action;
b. Minimizing impacts by limiting the degree or magnitude of the action and its
implementation by adhering to the dimensional requirements, performance
standards and design criteria in this Program and using other technologies or
steps, as needed, to avoid or reduce impacts;
c. Rectifying the impact by repairing, rehabilitating, or restoring the affected
environment;
d. Reducing or eliminating the impact over time by preservation and maintenance
operations;
e. Compensating for the impact by replacing, enhancing, or providing substitute
resources or environments; and
f. Monitoring the impact and the compensation projects and taking appropriate
corrective measures.
3. Proposals for new shoreline uses and developments shall clearly identify potential
shoreline impacts. During initial review of the proposal, the Administrator may
require the applicant to submit documentation, prepared by a qualified professional,
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to assess the degree and extent of potential impacts to shoreline functions. When
reviewing proposals for new shoreline use and development, the Administrator shall
first determine whether identified shoreline impacts have been avoided and secondly
minimized. The Administrator shall require compensatory mitigation, designed by a
qualified professional, for development proposals that:
a. Do not fully conform to one (1) or more of the dimensional requirements,
performance standards, and/or design criteria in this Program; or
b. Require a variance or conditional use permit; or
c. Result in measureable damage, loss and/or displacement of a wetland, aquatic
habitat conservation area, wildlife habitat conservation area, flood storage or
conveyance area, or critical aquifer recharge area.
4. Land divisions: When new lots are created within shoreline jurisdiction they shall
meet all of the following conditions:
a. All lots shall contain sufficient area outside of the shoreline buffer (see Table
5.5-1), wetland and/or wetland buffer, aquatic habitat conservation area
and/or aquatic habitat conservation area buffer, floodway, channel migration
zone or landslide hazard area and/or landslide hazard area buffer to
accommodate the use and/or development. Land divisions for non-water-
dependent and non-water-related developments that create more than four
(4) new lots shall adhere to the standard shoreline buffer requirements shown
in Table 5.5-1 without buffer averaging or reduction. Buffers that have been
averaged or reduced by any prior actions administered by Kittitas County
shall not be further averaged or reduced.
b. A new lot or parcel may be created in a seismic hazard area as long as there
is a note on the face of the plat or other recorded document which indicates
the presence of a potential hazard.
c. Open space or conservation area lots may be established without a site that
is suitable for use and/or development provided there is a note on the face of
the plat or other recorded document which indicates the purpose of the lot.
5. Compensatory mitigation measures shall occur in the vicinity of the impact or at an
alternative location within the same watershed that provides greater and more
sustainable ecological benefits. When determining whether offsite mitigation
provides greater and more sustainable benefits, the Administrator shall consider
limiting factors, critical habitat needs, and other factors identified by the April 2014
Shoreline Restoration Plan, or an approved watershed or comprehensive resource
management plan. The Administrator may also approve use of alternative mitigation
practices such as in-lieu fee programs, mitigation banks, and other similar
approaches when they meet the requirements of 5.2.D.4.
6. The Administrator shall prohibit any shoreline use or development that will result in
unmitigated cumulative impacts.
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7. When compensatory mitigation plans for impacts to shoreline resources are
required, all of the following shall apply:
a. The quality and quantity of the replaced, enhanced, or substituted resources
shall be the same or better than the affected resources;
b. The mitigation site and associated vegetative planting shall be nurtured and
maintained such that healthy native plant communities grow and mature over
time;
c. The mitigation shall be informed by pertinent scientific and technical studies,
including, but not limited to, the May 2013 Shoreline Inventory and
Characterization Report (ICR), the April 2014 Shoreline Restoration Plan, and
other background studies prepared in support of this Program;
d. The mitigation shall replace the functions as quickly as possible following the
impacts;
e. Mitigation activity shall be monitored and maintained to ensure that it achieves its
intended functions and values;
f. The Administrator shall require the applicant/proponent to post a bond or provide
other financial surety equal to one hundred fifty percent (150%) of the estimated
cost of the mitigation to ensure the mitigation is carried out successfully. The
bond/surety shall be refunded to the applicant/proponent upon completion of the
mitigation activity and any required monitoring; and
g. Compensatory mitigation plans shall be prepared by qualified professionals with
education, training and experience in the applicable field.
8. The County shall have the authority to require the applicant/proponent to submit
special studies, assessment, and analyses as necessary to identify and address
impacts including, but not limited to, impacts on fish and wildlife habitat, public
access/use, aesthetics, flood and floodplain impacts and other shoreline attributes.
9. Cumulative effects
a. In review of applications for shoreline permits and exemptions, the County shall
consider the cumulative impacts of individual uses and developments, including
preferred uses and uses that are exempt from permit requirements, when
determining whether a proposed use or development could cause a net loss of
ecological functions. The geographic scope of the analysis shall include the
shoreline water body potentially affected by the proposal within the bounds of the
County’s geographic authority, unless the Shoreline Administrator determines
that a larger or smaller area of analysis is appropriate.
b. The County shall have the authority to require the applicant/proponent to prepare
special studies, assessments and analyses as necessary to identify and address
cumulative impacts including, but not limited to, impacts on fish and wildlife
habitat, public access/use, aesthetics, flood and floodplain impacts and other
shoreline attributes.
c. Proponents of shoreline use and development shall take the following factors into
account when assessing cumulative impacts:
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i. Current ecological functions and human factors influencing shoreline natural
processes;
ii. Reasonably foreseeable future use and development of the shoreline; and
iii. Beneficial effects of any established regulatory programs under other local,
state, and federal laws; and
iv. Mitigation measures implemented in conjunction with the proposed project to
avoid, reduce and/or compensate for adverse impacts.
d. The County shall add conditions as needed to address any adverse cumulative
effects, and shall prohibit any use or development that would result in
unmitigated adverse cumulative impacts.
C. Regulations—general regulations for all critical areas
The following provisions apply to any use or development occurring in or adjacent to
critical areas or their buffers in shoreline jurisdiction whether or not a permit or other
authorization is required from Kittitas County. Critical areas outside of the shoreline
jurisdiction shall be regulated by Kittitas County Code (KCC) Title 17A.
1. Any land, water, or vegetation within the shoreline jurisdiction that meets the critical
areas designation criteria under this Section shall be subject to the provisions of this
Program and not KCC Title 17A.
2. Critical area maps: The County shall make available to the public maps or other
databases, as appropriate, which show the general location, extent, and
classification of regulated critical areas. These maps are to be used as a general
guide to the potential presence and location of known critical areas; there may be
other critical areas that are not shown on the maps and the critical areas that are
shown may or may not fully meet the designation criteria contained in the Program.
The maps are intended to alert the development community, county residents, as
well as current and prospective landowners of the possibility of site development
constraints which may limit or alter development plans. Any presumption created by
the maps may be rebutted by a preponderance of the evidence.
3. Proponents of any new shoreline use or development shall provide information
concerning the presence, condition, and location of all critical areas and buffers
potentially affected by their proposal. The Administrator shall rely on information
provided by the proponent as well as other information including, but not limited to,
aerial photographs, published reports or studies, visual observations made by
qualified professionals, and information provided by resource agencies, tribes,
academic institutions and other reliable sources to determine the presence of critical
areas and/or required buffers on or adjacent to the subject property.
4. Building setback: Except as provided in Section 6.20.B.12., and where otherwise
provided, buildings and other structures shall be set back a distance of fifteen (15)
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feet from the edges of all critical area buffers or from the edges of all critical areas, if
no buffers are required. The following are allowed in the building setback area:
a. Landscaping;
b. Uncovered decks;
c. Building overhangs, if such overhangs do not extend more than eighteen (18)
inches into the setback area; and
d. Impervious ground surfaces, such as driveways and patios.
5. Temporary or permanent field identification: Prior to use and/or development within
or adjacent to a critical area, the County should require temporary or permanent field
markers delineating the critical area boundary and associated buffer. The type of
field markers to be used will be agreed to by the project proponent and the
Administrator depending on site conditions and inspection requirements. Field
markers shall be spaced at a minimum of every fifty (50) feet, unless alternative
placement or spacing is authorized by the Administrator. The location of field stakes
must be shown on all site plans and final plats associated with the development
proposal. Field markers shall remain in place until any required final inspections are
completed and approved. Field markers may be waived by the Administrator if an
alternative to field staking achieves the same objective, or if the development and
construction activity(ies) is located at a sufficient distance so that impacts to the
critical area are unlikely to occur. The Administrator may require permanent fencing
and/or signage if necessary to protect a critical area and its buffer from adjacent land
uses.
6. Notice on title: Any property on which a development proposal is submitted shall
have filed with the Kittitas County Auditor:
a. A notice on title of the presence and location of the critical area and/or buffer;
b. A statement as to the applicability of this Program to the property; and
c. A statement describing possible limitations on action in or affecting critical areas
or buffer as approved by the Administrator. The County shall record such
documents and will provide a copy of the recorded notice to the property owner
of record. Development proposals which are defined as normal repair and
maintenance of existing structures or development, including, but not limited to,
roof repair, interior remodeling, wood stove permits, and on-site sewage disposal
systems repairs, are exempt from this requirement.
7. Request for technical assistance: The Administrator may engage technical
consultants to review and interpret critical areas data and findings submitted by or
on behalf of the proponent, in instances where County staff lack the resources or
expertise to review these materials. A project proponent may be required to pay for
or reimburse the County for the review costs incurred.
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8. Pre-Qualification of consultants: The Administrator shall prepare and maintain a list
of qualified technical consultants and firms that meet the qualified professional
standards detailed in this Section. Any proposed consultant whose name is not on
the list may submit a statement of qualifications including information on experience
in the preparation of critical area studies. Upon approval of the submitted
qualifications, the Administrator shall add the name to the list of qualified
consultants. The Administrator may reject data and findings from non-pre-qualified
consultants or require a third-party review, paid for by the applicant.
9. When there is a conflict between the findings of a critical areas study and the
findings of the Administrator in review of the study, the applicant or affected party
may appeal such decision of the Administrator pursuant to the procedures in KCC
Chapter 15A.07.
D. Regulations—general mitigation requirements for all critical areas
1. Proponents of new shoreline use and development, including preferred uses and
uses that are exempt from permit requirements, shall employ all reasonable
measures to mitigate adverse impacts to critical areas and their buffers. Mitigation
shall occur according to the mitigation sequence defined in Section 5.2.B.2 of this
Program. The Administrator shall first determine whether identified critical area
impacts have been avoided and second, whether minimized. Unless otherwise
stated in this Program, development proposals that do not fully conform to the
dimensional requirements, performance standards, and/or design criteria in this
Section and in the Program shall require a variance and compensatory mitigation to
ensure no net loss of ecological function at the project scale. The Administrator shall
require compensatory mitigation for development proposals that result in
measurable damage, loss and/or displacement of a wetland, aquatic habitat
conservation area, wildlife habitat conservation area, or flood storage or conveyance
area.
2. When critical area compensatory mitigation plans are required pursuant to this
Section, all of the following shall apply:
a. The quality and quantity of the replaced, enhanced, or substituted critical area,
and its buffer, shall be the same or better than the affected critical area and its
buffer;
b. The mitigation site and associated vegetative planting shall be nurtured and
maintained such that healthy native plant communities grow and mature over
time;
c. The mitigation shall replace the functions as quickly as possible following the
impacts;
d. The mitigation activity shall be monitored and maintained to ensure that it
achieves its intended functions and values;
e. The Administrator shall require the applicant/proponent to post a bond or provide
other financial surety equal to one hundred fifty percent (150%) of the estimated
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cost of the mitigation to ensure the mitigation is carried out successfully. The
bond/surety shall be refunded to the applicant/proponent upon completion of the
mitigation activity and any required monitoring.
3. Compensatory mitigation plans shall be prepared by qualified professionals with
education, training, and experience in the applicable field:
a. Wetland mitigation plans shall be prepared by a qualified professional who is
educated/trained in wetland biology or a closely related field, and has
demonstrated experience in mitigation plan design, implementation, and
monitoring. The overall goal of any such mitigation plan shall be no net loss of
wetland functions, acreage, and values.
b. Mitigation plans for impacts to aquatic and wildlife habitat conservation areas,
including habitat management plans, shall be prepared by a qualified
professional with education/training in wildlife biology or a closely related field,
and professional experience in habitat mitigation design, implementation, and
monitoring. Where this plan is required for the protection of eagle habitat, the
eagle habitat management plan shall normally be prepared by the Washington
State Department of Fish and Wildlife, as required under the Bald Eagle
Management Rules. The W ashington State Department of Fish and Wildlife
Priority Habitat and Species Management Recommendations, dated May 1991,
or as thereafter amended, or equivalent federal recommendations, shall serve as
guidance for preparing mitigation plans to protect wildlife habitat conservation
areas.
c. Mitigation plans for geologically hazardous areas shall be prepared by a qualified
professional who is either a geologist or a geotechnical engineer, or a civil
engineer licensed in the state of Washington, who is knowledgeable of regional
geologic conditions and who has professional experience in landslide and
erosion hazard evaluation, mitigation plan design, implementation, and
monitoring.
d. Mitigation plans for development within frequently flooded areas shall be
prepared by a civil engineer licensed in the state of Washington and familiar with
hydrology, hydraulics, and fluvial geomorphology.
4. Mitigation banking and in-lieu fee (ILF) mitigation: The County may approve
mitigation banking and/or in-lieu fee mitigation as a form of compensatory mitigation
for wetland and habitat conservation area impacts when the provisions of this
Program require mitigation and when the use of a bank/ILF Program will provide
equivalent or greater replacement of critical area functions and values when
compared to conventional permittee responsible mitigation. Banks and ILF
programs shall only be used when it can be demonstrated that they provide
significant ecological benefits including long-term conservation of critical areas,
important species, habitats and/or habitat linkages, and when they are documented
to provide a viable alternative to the piecemeal mitigation for individual project
impacts to achieve ecosystem-based conservation goals. Banks and ILF programs
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shall not be used unless they are certified in accordance with applicable federal and
state mitigation rules and expressly authorized through County legislative action.
E. Regulations—general mitigation plan contents for all critical areas
1. Baseline Information: Compensatory mitigation plans for all critical area types shall
include a written assessment and accompanying maps, and include the following
information:
a. Impacted critical areas and/or their required buffers, including, at a minimum,
existing wetland/stream acreage; vegetative, fauna and hydrologic
characteristics; soil and substrate conditions; and topographic elevations.
b. Mitigation site, if different from the impacted site, including at a minimum: existing
acreage; vegetative, faunal and hydrologic conditions; relationship within
watershed and to existing water bodies; soil and substrate conditions topographic
elevations; existing and proposed adjacent site conditions; buffers; and
ownership.
2. Environmental goals and objectives: The mitigation plan shall identify goals and
objectives and include:
a. The purposes of the compensation measures including a description of site
selection criteria, identification of compensation goals, identification of target
evaluation species and resource functions, dates for beginning and completion,
and a complete description of the structure and functional relationships sought.
The goals and objectives shall be related to the functions and values of the
original critical area or, if out-of-kind, the type of critical area to be emulated.
b. A review of the available literature and/or experience to date in restoring or
creating the type of critical area proposed. An analysis of the likelihood of
success of the compensation project at duplicating the original resource shall be
provided based on the experiences of comparable projects, if any. An analysis of
the likelihood of persistence of the created or restored resources shall be
provided based on such factors as surface and groundwater supply and flow
patterns, dynamics of the ecosystem, sediment or pollutant influx and/or erosion,
periodic flooding and drought, presence of invasive flora or fauna, potential
human or animal disturbance, and previous comparable projects, if any.
c. Performance standards: Specific and measurable criteria shall be provided for
evaluating whether or not the goals and objectives of the mitigation plan are
being achieved at various stages in the project and for beginning remedial action
or contingency measures. Such criteria may include water quality standards,
survival rates of planted vegetation, vegetative cover and/or density standards,
in-stream habitat conditions, species abundance and diversity targets, habitat
diversity indices, or other ecological, geological, or hydrological criteria.
d. Detailed construction plans: Written specifications and descriptions of
compensation techniques shall be provided, including the proposed construction
sequence; grading and excavation details; erosion and sediment control features
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needed for construction and long-term operation; a planting plan specifying plant
species, quantities, locations, size, spacing, and density; source of plant
materials, propagules, or seeds; water and nutrient requirements for planting;
where appropriate, measures to protect plants from predation; substrate
stockpiling techniques and planting instructions; descriptions of water control
structures and water-level maintenance practices needed to achieve the
necessary hydroperiod characteristics; etc. These written specifications shall be
accompanied by detailed site diagrams, scaled cross-sectional drawings,
topographic maps showing slope percentage and final grade elevations, and any
other drawings appropriate to show construction techniques or anticipated final
outcome. The plan shall provide for elevations which are appropriate for the
desired habitat type(s).
e. Monitoring program: A program outlining the approach for monitoring
construction of the compensation project and for assessing a completed project
shall be provided. Monitoring may include, but is not limited to:
i. Establishing vegetation plots to track plant establishment/survival, and
changes in plant species composition and density over time;
ii. Using photo stations to evaluate vegetation community response;
iii. Measuring physical parameters such as wetland size, stream dimensions,
channel characteristics, buffer width;
iv. Monitoring shallow groundwater levels to document hydrologic
regimes/hydro-periods;
v. Sampling surface and subsurface waters to determine pollutant loading and
changes from the natural variability of background conditions (pH, nutrients,
heavy metals);
vi. Measuring base flow rates and stormwater runoff to model and evaluate
water quality predictions, if appropriate;
vii. Measuring sedimentation rates, if applicable; and
viii. Sampling fish and wildlife populations to determine habitat utilization,
species abundance and diversity.
f. Monitoring and reporting: A monitoring report shall be submitted annually, at a
minimum, documenting milestones, successes, problems, and contingency
actions of the compensation project. The compensation project shall be
monitored for a period necessary to establish that performance standards have
been met, but not for a period less than five (5) years.
g. Contingency plan: Identification of potential courses of action, and any corrective
measures to be taken when monitoring or evaluation indicates project
performance standards are not being met.
h. Additional information as specified elsewhere in this Section, as applicable.
F. Regulations—wetland designation, mapping, delineation, and categorization
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1. Designation: Wetlands are those areas that are inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically adapted for
life in saturated soil conditions. Wetlands generally include, but are not limited to,
swamps, marshes, bogs, ponds, and similar areas. Wetlands do not include those
artificial wetlands intentionally created from non-wetland sites, including, but not
limited to, irrigation and drainage ditches, grass-lined swales, canals, detention
facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or
those wetlands created after July 1, 1990, that were unintentionally created as a
result of the construction of a road, street, or highway. Wetlands may include those
artificial wetlands intentionally created from non-wetland areas to mitigate the
conversion of wetlands.
2. Mapping: The approximate location and extent of wetlands are shown on maps
maintained by the County. These maps are useful as a guide for project applicants,
and/or property owners but do not provide a conclusive or definitive indication of
wetland presence or extent. Other wetlands may exist that do not appear on the
maps, and some wetlands that appear on the maps may not meet all of the wetland
designation criteria.
3. Delineation: Wetlands shall be identified and delineated by a qualified wetlands
professional in accordance with the most current approved federal wetland
delineation manual and applicable regional supplements. This professional shall
field stake, flag or mark the on-site wetland boundary to aid the County in reviewing
the development proposal. The County may require the on-site wetland boundary to
be surveyed by a professional land surveyor. The County may require an applicant
to identify the approximate location or presence of any wetlands within three
hundred (300) feet of a proposed development site. Wetlands that occur or extend
beyond the boundaries of the development site, onto adjoining properties, do not
need to be flagged or formally delineated but their general location must be
disclosed in order to assess wetland buffer impacts.
4. Categorization and rating: Wetlands shall be rated based on categories that reflect
the functions and values of each wetland. Wetlands shall be identified, rated,
categorized, and delineated by a qualified wetland professional in accordance with
the current version of the Washington State Wetland Rating System for Eastern
Washington, the procedure outlined in WAC 173-22-035, and the appropriate rating
forms approved by the Washington State Department of Ecology. These categories
are generally defined as follows:
a. Category I wetlands: Category I wetlands are those that represent a unique or
rare wetland type, are more sensitive to disturbance than most wetlands, are
relatively undisturbed and contain ecological attributes that are impossible or too
difficult to replace within a human lifetime, and provide a high level of functions.
The following types of wetlands are Category I:
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i. Alkali wetlands;
ii. Wetlands that are identified by scientists of the Washington State
Department of Natural Resources Natural Heritage Program as high quality,
relatively undisturbed wetlands, or wetlands that support state threatened or
endangered plant species;
iii. Bogs and calcareous fens;
iv. Mature and old-growth forested wetlands over a ¼ acre in size with slow
growing trees;
v. Forest wetlands with stands of Aspen;
vi. Wetland scoring between twenty-two and twenty-seven (22-27) points or
more (out of twenty seven (27)) in the Eastern Washington Wetland Rating
System.
b. Category II wetlands: Category II wetlands are difficult, though not impossible, to
replace, and provide high levels of some functions. These wetlands occur more
commonly than Category I wetlands, but still need a relatively high level of
protection. Category II wetlands include:
i. Forested wetlands in the floodplains of rivers;
ii. Mature and old-growth forested wetlands with native fast growing trees;
iii. Vernal pools;
iv. Wetlands scoring between nineteen and twenty one (19-21) points (out of
twenty seven (27)) in the Eastern Washington Wetland Rating System.
c. Category III wetlands score between sixteen and eighteen (16-18) points (out of
twenty-seven (27)) in the Eastern Washington Wetland Rating System and can
oftern be adequately replaced with a well-planned mitigation project. Wetlands
scoring between 16-18 points generally have been disturbed in some ways, and
are often smaller, less diverse and/or more isolated from other natural resources
in the landscape than Category II wetlands.
d. Category IV wetlands have the lowest levels of functions, scoring less than
sixteen (16) points in the Eastern Washington Wetland Rating System, and are
often heavily disturbed. These are wetlands that should be able to be replaced,
and in some cases improved. These wetlands may provide some important
functions, and also need to be protected.
G. Regulations—wetland buffers
1. Buffer widths: Buffers shall be established and maintained to protect all regulated
wetlands. Standard minimum buffer for wetlands are listed in Table 5.2-1. The buffer
shall not be altered except as authorized by this Program; provided, that such
alterations meet all other standards for the protection of regulated wetlands. Buffers
are measured horizontally in all directions from the regulated wetland edge as
marked in the field.
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Table 5.2-1. Wetland Buffers for Wetlands in Shoreline Jurisdiction
Wetland
Category
Low Intensity
Use and
Development
Moderate Intensity
Use and
Development*
High Intensity
Use and
Development*
Category I 125 feet 190 feet 250 feet
Category II 100 feet 150 feet 200 feet
Category III 75 feet 110 feet 150 feet
Category IV 25 feet 40 feet 50 feet
* For the purposes of Section 5.2, high intensity use and developments include: commercial,
urban, industrial, institutional, retail sales, residential (more than 1 unit/acre), conversion from
non-agricultural lands to high intensity agriculture (dairies, animal feed lots, nurseries and green
houses, and like uses), high intensity recreation (golf courses, ball fields, and like uses) and
hobby farms. Moderate intensity use and developments include: residential (1 unit/acre or
less), moderate intensity open space (parks with biking, jogging, and like uses), conversion
from non-agricultural lands to moderate intensity agriculture (orchard, hay fields, and like uses),
paved trails, building of logging roads, and utility corridor or right-of-way shared by several
utilities and including access/maintenance roads. Low intensity use and developments include:
forestry (cutting of trees only), low intensity open space (hiking, bird-watching, and like uses),
unpaved trails, and utility corridor without a maintenance road and little or no vegetation
management.
2. Wetland buffer condition: Wetland buffer areas shall be retained in a natural
condition or may be improved to enhance buffer functions and values. Where buffer
disturbance is allowed pursuant to this Program, re-vegetation with native vegetation
shall be required. The Kittitas County noxious weed ordinance shall be adhered to.
Alterations of the buffer that are not associated with an allowed shoreline use or
development shall be prohibited.
3. Multiple buffers: In the event that buffers for any shorelines and/or critical areas are
contiguous or overlapping, the landward-most edge of all such buffers shall apply.
4. Interrupted buffer: When a wetland buffer contains an existing legally established
public or private road, the Administrator may allow development on the landward
side of the road provided that the development will not have a detrimental impact to
the wetland. The applicant may be required to provide a wetland critical areas report
to describe the potential impacts. In determining whether a critical areas report is
necessary, the County shall consider the hydrologic, geologic, and/or biological
habitat connection potential and the extent and permanence of the buffer
interruption.
5. Buffers of restored wetlands: The buffer for a wetland created, restored, or
enhanced as compensation for approved wetland alterations shall be the same as
the buffer required for the category of the created, restored, or enhanced wetland.
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6. Buffer averaging: The Administrator may allow averaging of the standard wetland
buffer widths in Table 5.2-1 when necessary to accommodate a single-family
residence or residential subdivision of four (4) or fewer lots. With buffer averaging,
the buffer width is reduced in one location and increased in another location to
maintain the same overall buffer area. Proposals for buffer averaging shall not
require a shoreline variance or compensatory mitigation if the following conditions
are met:
a. The buffer has not been averaged or reduced by any prior actions administered
by Kittitas County;
b. No feasible site design could be accomplished without buffer averaging;
c. The wetland contains variations in sensitivity due to existing physical
characteristics or the character of the buffer varies in slope, soils, or vegetation,
and that wetland would benefit from a wider buffer in places and would not be
adversely impacted by a narrower buffer in other places;
d. A critical area report demonstrates that the averaging will not adversely impact
wetland function and values;
e. The minimum width of the buffer at any given point is at least seventy-five
percent (75%) of the standard width per Table 5.2-1, or twenty-five (25) feet,
whichever is greater; and
f. The area that is added to the buffer to offset the reduction is well-vegetated. The
Administrator may require vegetation enhancement and a mitigation plan, if
needed, to ensure this criterion is met.
7. Buffer reduction: On sites that lack well-vegetated wetland buffers, the Administrator
may allow reduction of the buffer widths in Table 5.2-1 when necessary to
accommodate a single-family residence or residential subdivision of four (4) or fewer
lots. The buffer reduction shall be allowed only in those limited instances when
adherence to the standard buffer is infeasible or presents a substantial hardship
because of site conditions, lot configuration or other circumstances. Residential
subdivisions of more than four (4) lots and non-water-dependent non-water-related
developments shall not be eligible for buffer reduction, except through a shoreline
variance. Buffers that have been averaged or reduced by any prior actions
administered by Kittitas County shall not be further reduced. Proposals for buffer
reduction on such sites shall not require a shoreline variance if the following
conditions are met:
a. The existing buffer is predominantly un-vegetated, composed of nuisance
species or in an otherwise highly disturbed condition;
b. The minimum width of the reduced buffer is at least seventy-five percent (75%) of
the standard width per Table 5.2-1;
c. The reduced portion of the buffer cannot exceed forty percent (40%) of the buffer
length on the development property;
d. A critical area report demonstrates that the reduction will not result in a net loss
of wetland functions and values.
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e. The reduced buffer area is planted and enhanced with species native to central
Washington; and
f. A mitigation plan is developed and implemented, per the requirements of Section
5.2.
8. Increased wetland buffers: The Administrator shall increase wetland buffer zone
widths, up to a maximum of two (2) times the standard width in Table 5.2-1, for a
development project on a case-by-case basis when a larger buffer is necessary to
protect wetland functions and values. Such determination shall be based on site-
specific and project-related conditions which include, but are not limited to, the
following circumstances:
a. Wetland sites with known locations of state priority or federally listed
endangered, threatened, or sensitive species for which a habitat management
plan indicates a larger buffer is necessary to protect habitat values for such
species; or
b. The adjacent land is susceptible to severe erosion, and erosion control best
management practices will not effectively prevent adverse wetland impacts.
9. Allowed buffer uses: The following uses may be permitted within a wetland buffer
without a variance provided they are not prohibited by any other applicable law, are
consistent with the provisions of this Program, and they are conducted in a manner
so as to minimize impacts to the buffer and adjacent wetland, including wetland
functions and values:
a. Conservation or restoration activities aimed at protecting the soil, water,
vegetation, or wildlife.
b. Passive recreation facilities designed in accordance with an approved critical
area report, including:
i. Walkways and trails; provided that those pathways which are generally
parallel to the perimeter of the wetland shall be located in the outer twenty-
five percent (25%) of the buffer area, and constructed with a surface that is
not impervious to water. Raised boardwalks utilizing non-treated pilings may
be acceptable;
ii. Wildlife viewing structures less than five hundred (500) square feet in size.
c. Stormwater management facilities, limited to stormwater dispersion facilities,
outfalls and bioswales, may be allowed within the outer twenty-five percent (25%)
of the buffer of Category III or IV wetlands only, provided that:
i. No other location is feasible; and
ii. The location of such facilities will not degrade the functions or values of the
wetland.
H. Regulations—wetland reporting
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1. Reporting requirement: If a proposed use or development is located within three
hundred (300) feet of a known or suspected wetland, a wetland critical areas report
is required, and shall include the following:
a. The category and precise location of the boundary of the wetland(s); and
b. All wetlands and required buffers within three hundred (300) feet of the project
area shall be depicted on the site plan. Best available information should
include, but not be limited to, aerial photos, soils maps, and/or topographic maps;
and
c. An analysis of the onsite wetland(s) including the following site- and proposal-
related information:
i. Documentation of any fieldwork performed on the site, including, but not
limited to, field delineation data sheets for delineations, the wetland rating
forms, and baseline hydrologic data;
ii. A description of the methodologies used to conduct the wetland
delineations; and
iii. The vegetative, faunal, and hydrologic characteristics of the wetland.
I. Regulations—wetland compensatory mitigation
1. Wetland Mitigation Sequencing: Proposed activities or uses that would impact
wetlands must follow the mitigation sequencing requirement of 5.2.B.2. Wetland
impacts may be allowed when there is no reasonable alternative site design that
would result in less adverse impact to a wetland or its buffer. Activities and uses
within Category I wetlands shall be limited to the following:
a. An existing public facility that must be expanded or extended into the wetland;
b. Utility construction or maintenance, where there is no other site that can serve
the utility’s function; or
c. Development associated with an approved variance that allows the impact.
2. Compensatory mitigation requirement: Compensatory mitigation is required for all
alterations to wetlands or their buffers, except for buffer averaging when done in
accordance with this Section.
3. Preference of mitigation actions: Mitigation actions that require compensation by
replacing, enhancing, or substitution shall occur in the following order of preference:
a. Restoring and/or rehabilitating filled or altered wetlands to their original or near-
original condition.
b. Creating wetlands on disturbed upland sites such as those with vegetative cover
consisting primarily of non-native introduced species. This should only be
attempted when there is a consistent source of hydrology and it can be shown
that the surface and subsurface hydrologic regime is conducive to the wetland
community that is being designed.
c. Enhancing significantly degraded wetlands in combination with restoration or
creation.
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4. Mitigation for lost or affected functions: Compensatory mitigation actions shall
replace functions affected by the alteration and shall provide equal or greater
functions compared to the impacted wetland.
5. Mitigation timing: Mitigation projects shall be completed prior to activities that will
disturb wetlands. In all other cases, mitigation shall be completed immediately
following disturbance and prior to use or occupancy of the activity or development.
Construction of mitigation projects shall be timed to reduce impacts to existing
fisheries, wildlife, and flora.
6. Delay in mitigation: The Administrator may authorize a one-time temporary delay, up
to one hundred eighty (180) days, in completing minor construction and landscaping
when environmental conditions could produce a high probability of failure or
significant construction difficulties. The delay shall not create or perpetuate
hazardous conditions or environmental damage or degradation, and the delay shall
not be injurious to the health, safety, and general welfare of the public. The request
for the temporary delay must include a written justification that documents the
environmental constraints which preclude implementation of the mitigation plan. The
justification must be verified and approved by the County and include a financial
guarantee.
7. Mitigation ratios for wetland impacts: Mitigation ratios shall be used when impacts to
wetlands cannot be avoided, as specified in Table 5.2-2. The first number specifies
the acreage of replacement wetlands, and the second specifies the acreage of
wetlands altered. Compensatory mitigation shall restore, create, rehabilitate or
enhance equivalent or greater wetland functions. The ratios shall apply to mitigation
that is in-kind, is on-site, is the same category, is timed prior to or concurrent with
alteration, and has a high probability of success. These ratios do not apply to the
use of credits from a certified wetland mitigation bank or ILF program. When credits
from a certified bank or ILF program are used, replacement ratios should be
consistent with the requirements of the bank’s/program’s certification.
Table 5.2-2. Wetland Mitigation Ratios for Unavoidable Wetland Impacts in
Shoreline Jurisdiction
Category and
Type of
Impacted
Wetland
Restoration or
Creation1,2 Rehabilitation1,2 Enhancement
Only1,3
Category I,
forested 6:1 12:1 24:1
Category I, non-
forested 4:1 8:1 16:1
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Category and
Type of
Impacted
Wetland
Restoration or
Creation1,2 Rehabilitation1,2 Enhancement
Only1,3
Category II,
forested 4:1 8:1 16:1
Category II,
vernal pool4 2:1 4:1 Case-by-case
All other
Category II 3:1 6:1 12:1
All Category III 2:1 4:1 8:1
All Category IV 1.5:1 3:1 6:1
1Natural heritage sites, alkali wetlands, and bogs are considered irreplaceable wetlands because they perform
special functions that cannot be replaced through compensatory mitigation. Impact to such wetlands would therefore
result in a net loss of some functions no matter what kind of mitigation is provided.
2Provides gains in a whole suite of functions both at the site and landscape scale. Rehabilitation actions often focus
on restoring environmental processes that have been disturbed or altered by previous ongoing human activity.
3Actions which provide gains in only a few functions. Enhancement action often focuses on structural or superficial
improvements to a site and generally does not address larger scale environmental processes.
4Compensatory mitigation for vernal pool impacts must be seasonally ponded wetland area(s).
8. Increased replacement ratios: The Administrator shall increase the wetland
mitigation ratios under the following circumstances:
a. Uncertainty exists as to the probable success of the proposed restoration or
creation;
b. A significant period of time will elapse between impact and replication of wetland
functions; or
c. Proposed mitigation will result in a lower category wetland or reduced functions
relative to the wetland being impacted.
9. Alternative mitigation ratios: The Administrator may approve different mitigation
ratios when the applicant proposes a combination of wetland creation, restoration,
rehabilitation, and/or enhancement, provided that federal and state resource
agencies approve the mitigation plan and the plan achieves no net loss of wetland
functions and values.
10. Mitigation ratios for wetland buffer impacts:
a. To mitigate impacts to functions and values of buffers, a minimum buffer ratio of
1:1 (alteration area:mitigation area) is required. This ratio assumes that
creation/restoration of a wetland buffer with appropriate native vegetation is
sufficient to compensate for the wetland buffer functions and values affected by
alteration of an existing wetland buffer. If enhancement of an existing wetland
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buffer is proposed as mitigation, a higher mitigation ratio may be required. For
any proposed wetland buffer activities, the applicant must show that the functions
and values of the altered wetland buffer will be fully replaced by the proposed
mitigation. The Administrator may increase the buffer mitigation ratios under the
following circumstances:
i. The replacement ratio needed to recover the lost functions and values of
buffer area is greater than 1:1 based upon the existing type of vegetative
cover of either the impact site or the proposed mitigation site.
ii. Uncertainty exists as to the probable success of the proposed restoration or
creation;
iii. A significant period of time will elapse between impact and replication of
wetland functions.
11. Compensatory wetland mitigation plans shall be consistent with “Wetland Mitigation
in Washington State, part 1 Agency Policies and Guidance (Ecology Publication #
06-06-011a) and Wetland Mitigation in Washington State Part 2: Guidelines for
Developing Freshwater Mitigation Plans and Proposals” (Ecology Publication # 06-
06-011b), or as revised.
J. Regulations—aquatic habitat conservation area designation and mapping
1. Designation and classification: Aquatic habitat conservation areas include:
a. Those streams and lakes which meet the criteria for Type S, F, Np, and Ns
waters, as defined in the water type classifications in the forest practices rules in
WAC 222-16-030. Type S waters are synonymous with shorelines of the state.
b. Areas with which federally and/or state-listed endangered, threatened, or
sensitive aquatic species have a primary association;
c. State priority aquatic habitats and areas associated with state priority aquatic
species;
d. Naturally occurring ponds under twenty (20) acres in size; and
e. Naturally occurring lakes over twenty (20) acres and other waters of the state,
including waters planted with game fish by a government or tribal entity.
2. Mapping: The approximate location and extent of aquatic habitat conservation areas
are shown on the County’s critical area maps. These maps are to be used as a
guide and do not provide definitive information about aquatic habitat conservation
area size or presence. Other aquatic habitat conservation areas may exist that do
not appear on the maps. The County shall update the maps as new aquatic habitat
conservation areas are identified and as new information becomes available.
K. Regulations—aquatic habitat conservation area buffers
1. Buffer widths: Buffers shall be established and maintained to protect regulated
aquatic habitat conservation areas as shown in Table 5.2-3 below. These stream
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buffers shall be measured in all directions from the OHWM as identified in the field.
The buffer widths for Type S Waters are shown in Table 5.5-1 in Section 5.5
Shoreline buffers and vegetation conservation. Buffers shall not be altered except as
authorized by this Program. These standard buffer widths are presumed to be
adequate to protect aquatic habitat conservation area functions and values provided
that the buffer contains relatively intact native vegetation at the time of the proposed
use or development. Where the use is being intensified adjacent to a degraded
buffer area that is not well vegetated, the Administrator may require the degraded
area to be revegetated to maintain aquatic habitat conservation area functions and
values.
Table 5.2-3. Aquatic Habitat Conservation Area Buffers
for Type F, Np, and Ns Waters
Aquatic Habitat
Conservation Area Standard Buffer Width
Type F Waters 100 feet
Type Np Waters 50 feet
Type Ns Waters 30 feet
2. Buffer condition: Aquatic habitat conservation area buffers shall be maintained in a
predominantly well-vegetated and undisturbed condition. Alterations that are not
associated with an allowed use or development shall be prohibited.
3. Multiple buffers: In the event that buffers for any aquatic habitat conservation areas
or other critical areas are contiguous or overlapping, the landward-most edge of all
such buffers shall apply.
4. Interrupted buffers: When an aquatic habitat conservation area buffer contains an
existing legally established public or private road the Administrator may allow a use
and/or development on the landward side of the road provided that the use and/or
development will not have a detrimental impact to the habitat area. The applicant
may be required to provide a critical areas report to describe the impacts. In
determining whether a critical areas report is necessary, the County shall consider
the hydrologic, geologic, and/or biological habitat connection potential and the extent
and permanence of the buffer interruption.
5. Increased buffers: The Administrator shall increase the aquatic habitat conservation
area buffer shown in Table 5.2-3 width up to a maximum of two times the standard
width where the standard buffer is inadequate to prevent significant adverse
environmental impacts or address hazards associated with the site or the proposed
development activity. To assess whether a buffer increase is needed to project
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aquatic habitat conservation area functions and values, the Administrator shall
consider:
a. The historical and current susceptibility to severe erosion, channel instability, or
aggrading;
b. The presence of multiple channels or islands;
c. The land adjacent to the ordinary high water mark and extending throughout the
standard habitat buffer is steeply sloped (greater than forty percent (40%) slope)
and there are no designated landslide hazards within the area of shoreline
jurisdiction, such that an increased buffer may be required to protect ecological
functions; and
d. The adequacy of the standard width to prevent habitat degradation and protect
the structure and functions of the habitat area.
6. Buffer for aquatic habitat conservation area mitigation sites: Any aquatic habitat
conservation area that is created, restored, or enhanced as compensation for
approved alterations shall be the same as the buffer required for the category of the
created, restored, or enhanced aquatic habitat conservation area.
7. Buffer averaging: The Administrator may allow averaging of the aquatic habitat
buffer widths in Table 5.2-3 when necessary to accommodate a single-family
residence or residential subdivision of four (4) or fewer lots. With buffer averaging,
the buffer width is reduced in one location and increased in another location to
maintain the same overall buffer area. Proposals for buffer averaging shall not
require a shoreline variance or compensatory mitigation if the following conditions
are met:
a. The buffer has not been averaged or reduced by any prior actions administered
by Kittitas County;
b. No feasible site design could be accomplished without buffer averaging;
c. An approved critical area report demonstrates that the buffer averaging will not
reduce stream or habitat functions or adversely affect salmon habitat;
d. The minimum width of the buffer at any given point is at least seventy-five
percent (75%) of the standard width per Table 5.2-3, or twenty-five (25) feet,
whichever is greater; and
e. The area that is added to the buffer to offset the reduction is well-vegetated. The
Administrator may require vegetation enhancement if needed to ensure this
criterion is met.
8. Buffer reduction: On sites that lack well-vegetated buffers, the Administrator may
allow reduction of the aquatic habitat buffer widths in Table 5.2-3 when necessary to
accommodate a single-family residence or residential subdivision of four (4) or fewer
lots. The buffer reduction shall be allowed only in those limited instances when
adherence to the standard buffer is infeasible or presents a substantial hardship
because of site conditions, lot configuration or other circumstances. Residential
subdivisions of more than four (4) lots shall not be eligible for buffer reduction,
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except through a shoreline variance. Buffers that have been averaged or reduced by
any prior actions administered by Kittitas County shall not be further reduced.
Proposals for buffer reduction on such sites shall not require a shoreline variance if
the following conditions are met:
a. The existing buffer is predominantly unvegetated, composed of nuisance species
or in an otherwise highly disturbed condition;
b. The minimum width of the reduced buffer is at least seventy-five percent (75%) of
the standard width per Table 5.2-3;
c. The reduced portion of the buffer cannot exceed forty percent (40%) of the buffer
length on the development property;
d. A critical area report demonstrates that the reduction will not result in a net loss
of shoreline and aquatic habitat functions and values;
e. The reduced buffer area is planted and enhanced with species native to central
Washington; and
f. A mitigation plan is development and implemented, per the requirements of
Section 5.2.
9. Prior to approving a request for buffer averaging or reduction, the Administrator shall
ensure the development is designed to separate and screen the stream from
impacts such as noise, glare, and vegetation trampling. The site design shall
consider the varying degrees of impacts of different land uses. For example, parking
lots, store entrances, and roads generally have higher noise and glare impacts than
the rear of the store. Site screening should take advantage of natural topography or
existing vegetation, wherever possible. Where natural screening is not available,
berms, landscaping, and structural screens should be implemented (e.g., orient
buildings to screen parking lots and store entrances from critical areas).
L. Regulations—aquatic habitat conservation area reporting
1. Except for single-family residences located outside of shoreline buffers, if a
proposed use or development is located within two hundred (200) feet of a
designated aquatic habitat conservation area, a critical areas report is required, and
shall include the following:
a. The aquatic habitat conservation area habitat type and location of the OHWM;
b. All aquatic habitat conservation areas and required buffers within two hundred
(200) feet of the project area shall be depicted on the site plan;
c. The vegetative, faunal, topographic, and hydrologic characteristics of the aquatic
habitat conservation area; and
d. A detailed discussion of the direct and indirect potential impacts on aquatic
habitat conservation area by the project. Such discussion shall include a
discussion of the ongoing management practices that will protect habitat after the
project site has been developed.
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M. Regulations—wildlife habitat conservation areas designation, classification,
mapping, and surveying
1. Designation: Wildlife habitat conservation areas shall include the following:
a. Areas where federal and/or state listed endangered, threatened, and sensitive
species have a primary association. This includes locations of nests, rookeries,
or other breeding areas of species of concern recognized by local, state, and
federal public agencies having jurisdiction over such species; and
b. State priority wildlife habitats and areas associated with state priority wildlife
species; and
c. Other state-identified priority habitats, including Aspen stands, biodiversity areas
and corridors, old-growth/mature forest, Oregon white oak woodlands, and
shrub-steppe.
2. Mapping: The approximate location and extent of wildlife habitat conservation areas
are shown on the County’s critical areas maps. These maps are to be used as a
guide and do not provide definitive information about wildlife habitat conservation
area size or presence. The County shall update the maps as new wildlife habitat
conservation areas are identified and as new information becomes available.
3. Habitat boundary survey: If the Administrator determines that a wildlife habitat
conservation area may be present within the project vicinity, a wildlife habitat
boundary survey shall be required. Habitat surveys shall be conducted by a
professional wildlife biologist who is knowledgeable of wildlife habitat within Kittitas
County, or by the Washington Department of Fish and Wildlife. The management
recommendations for Washington’s priority habitats and species or federal
equivalent should be used as a tool for identifying and delineating the habitat
boundary. The County may waive the requirement for the survey, if:
a. The proposed use or development is not within the extended proximity of the
associated habitat;
b. There is adequate information available on the area proposed for development to
determine the impacts of the proposed development and appropriate mitigating
measures; and
c. The applicant provides voluntary deed restrictions that are approved by the
County.
N. Regulations—wildlife habitat conservation area reporting and mitigation
requirements
1. Habitat management plan: When a use or development is proposed in or adjacent to
a habitat conservation area, the Administrator shall require the applicant to submit a
habitat management plan, prepared by a professional wildlife biologist who is
knowledgeable of wildlife habitat within Kittitas County, when the following conditions
are met:
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a. A proposed use or development is located within two hundred (200) feet of a
known or suspected wildlife habitat conservation area; and
b. There are potential direct and/or indirect impacts on wildlife species or habitat
from the proposed use or activity.
2. Habitat management plan contents: The habitat management plan shall include a
discussion of the potential direct and indirect impacts, as well as a discussion of the
ongoing management practices that will protect habitat after the project site has
been developed. The habitat management plan will include any relevant information
and recommendations from the Washington State Department of Fish and Wildlife
habitat guidelines for the affected species and/or habitat. Based on the
characteristics of the site, the Administrator may require that all or a portion of the
following be included in a habitat management plan:
a. A map drawn to scale or survey showing the location of the fish and wildlife
habitat conservation area on the subject property, as well as the approximate
location of any potential fish and wildlife habitat conservation area within two
hundred (200) feet of the subject property; and
b. Detailed description of vegetation and habitat characteristics within and adjacent
to the site.
c. Identification of any endangered, threatened, sensitive, or candidate species that
have a primary association with habitat on the project area, and assessment of
potential project impacts to use of the buffer and critical area on the site by the
species.
d. Methods and measures to avoid, minimize and/or compensate for adverse
impacts associated with the proposed use and development, including, but not
limited to:
i. Prohibition or limitation of use and development activities within the fish and
wildlife habitat conservation area;
ii. Establishment of a buffer around the fish and wildlife habitat conservation
area;
iii. Retention of vegetation and/or re-vegetation of areas/habitats critically
important to species;
iv. Special construction techniques;
v. Implementation of erosion and sediment control measures;
vi. Habitat enhancement (i.e., fish passage barrier removal);
vii. Seasonal restrictions on construction activities on the subject property;
viii. Clustering of development activities on the subject property; and
ix. Any other requirements and/or recommendations from Washington State
Department of Fish and Wildlife’s habitat management guidelines.
3. Wildlife habitat management and mitigation plan: For unavoidable impacts to wildlife
habitat conservation areas, a wildlife habitat management and mitigation plan shall
be prepared by a wildlife biologist who is knowledgeable of wildlife habitat within
Kittitas County. The Wildlife habitat management and mitigation plan shall:
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a. Demonstrate, when implemented, that there shall be no net loss of ecological
function of habitat; and
b. Identify how impacts from the proposed project shall be mitigated, as well as the
necessary monitoring and contingency actions for the continued maintenance of
the wildlife habitat conservation area and its associated buffer.
4. In addition to the general mitigation plan requirements described above, the wildlife
habitat management and mitigation plan shall contain a report containing, but not
limited to, the following information:
a. A map or maps indicating the boundary of the habitat conservation areas; the
width and length of all existing and proposed structures, utilities, roads,
easements; wastewater and stormwater facilities; adjacent land uses, zoning
districts and comprehensive plan designations;
b. A description of the proposed project including the nature, density and intensity
of the proposed use or development and the associated grading, structures,
roads, easements, wastewater facilities, stormwater facilities, utilities, etc., in
sufficient detail to allow analysis of such land use change upon the habitat
conservation area;
c. A description of the vegetation in the habitat conservation area, on the overall
project site and adjacent to the site;
d. A detailed description of the proposed project’s effect on the habitat conservation
area, and a discussion of any federal, state, or local management
recommendations which have been developed for the species or habitats in the
area; and
e. An explanation of how any adverse impacts created by the proposed use or
development will be mitigated, including the following techniques:
i. Establishment of buffer zones;
ii. Preservation of critically important plants and trees;
iii. Limitation of access to the habitat conservation area;
iv. Seasonal restriction of construction activities; and
v. Establishment of a timetable for periodic review of the plan.
O. Regulations—geologically hazardous areas designation, classification, and mapping
1. Designation: Lands classified as landslide, erosion, mine, volcanic, and seismic
hazard areas are hereby designated as geologically hazardous areas and are
subject to the standards of this Section.
2. Classification: Landslide hazard areas – lands potentially subject to landslides based
on a combination of geologic, topographic, and hydrologic factors. They include any
areas susceptible because of any combination of bedrock, soil, slope (gradient),
slope aspect, structure, hydrology, or other factors. The following shall be
designated as landslide hazards and are subject to the requirements of this Section:
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a. Areas of historic failures, such as:
i. Those areas delineated by the Natural Resource Conservation Service
(NRCS) as having a “severe” limitation for building site development; or
ii. Those areas mapped as landslides, as having a liquefaction susceptibility,
or having a NEHPR seismic site class of A through D on the most current
Washington State Department of Natural Resources Division of Geology
and Earth Resources natural hazards web based map; or
iii. Areas designated as quaternary slumps, earth-flows, mudflows, lahars, or
landslides on maps published by the U.S. Geological Survey or Washington
State Department of Natural Resources Division of Geology and Earth
Resources.
b. Areas with all three (3) of the following characteristics:
i. Slopes steeper than fifteen percent (15%);
ii. Hillsides intersecting geologic contacts with a relatively permeable sediment
overlying a relatively impermeable sediment or bedrock; and
iii. Springs or groundwater seepage.
c. Areas that have shown movement during the Holocene epoch (from 10,000
years ago to the present) or which are underlain or covered by mass wastage
debris of this epoch;
d. Slopes that are parallel or sub-parallel to planes of weakness (such as bedding
planes, joint systems, and fault planes) in subsurface materials;
e. Slopes having gradients steeper than eighty percent (80%) subject to rock fall
during seismic shaking;
f. Areas potentially unstable as a result of rapid stream incision, stream bank
erosion, and undercutting by wave action, including stream channel migration
zones;
g. Areas that show evidence of, or are at risk from snow avalanches;
h. Areas located in a canyon or on an active alluvial fan, presently or potentially
subject to inundation by debris flows or catastrophic flooding; and
i. Any area with a slope of forty percent (40%) or steeper and with a vertical relief
of ten (10) or more feet except areas composed of bedrock. A slope is delineated
by establishing its toe and top and measured by averaging the inclination over at
least ten (10) feet of vertical relief.
3. Classification: Erosion hazard areas – areas containing soils that may experience
significant erosion, including:
a. Slopes forty percent (40%) or steeper with a vertical relief of ten (10) or more
feet, except areas composed of consolidated rock.
b. Concave slope forms equal to or greater than fifteen percent (15%) with a vertical
relief of ten (10) or more feet, except areas composed of consolidated rock.
c. Channel migration zones: Areas within which the stream channel can reasonably
be expected to migrate over time as a result of normally occurring hydrological
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and related processes when considered with the characteristics of the river and
its surroundings. Such hazards are characterized by abandoned channels,
ongoing sediment deposition and erosion, topographic position, and changes in
the plant community, age, structure and composition.
4. Classification: Seismic hazard areas – lands subject to severe risk of damage as a
result of earthquake induced ground shaking, slope failure, settlement, soil
liquefaction, or surface faulting the following classifications shall be designated as
seismic hazard and are subject to the requirements of this Section.
5. Classification: Volcanic hazard areas – areas subject to pyroclastic flows, lava flows,
debris avalanche, inundation by debris flows, mudflows, or related flooding resulting
from volcanic activity. There are no active or dormant volcanoes located within
Kittitas County; however Mount Rainer and Mount St. Helens are relatively near.
Hazards to Kittitas County residents from these volcanoes are limited to ash
deposition.
6. Classification: Mine hazards areas – areas underlain by abandoned mine shafts,
secondary passages between shafts tunnels, or air vents. Mine hazards include
subsidence, which is the uneven downward movement of the ground surface caused
by underground workings caving in; contamination to ground and surface water from
tailings and underground workings; concentrations of lethal or noxious gases; and
underground fires.
7. Mapping: The approximate location and extent of geologically hazardous areas are
shown on maps maintained by the County. These maps shall be advisory and used
by the Administrator to provide guidance in determining applicability of the standards
to a property. These maps shall be updated periodically as new information
becomes available.
P. Regulations—geologically hazardous areas reporting and protection standards
1. New shoreline uses and developments shall be located, designed, constructed, and
maintained to avoid geologically hazardous areas. Impact avoidance measures shall
include, but not be limited to, locating the use/development outside of the hazard
area, reducing the number, size or scale of buildings, driveways and other features;
altering the configuration or layout of the proposed development; using
environmentally favorable construction materials; implementing special engineering
methods for construction, drainage, runoff management etc.; foregoing construction
of accessory structures; preserving native vegetation; and other reasonable
measures.
2. New uses and developments may be allowed in geologically hazardous areas and/or
their buffers only when specifically allowed by this Program and when all reasonable
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measures have been taken to avoid adverse effects on slope stability and protect
human health and safety.
3. Critical facilities shall be prohibited in geologically hazardous areas and/or their
buffers.
4. The Administrator shall review each use and development proposal to determine if
there is any possible geologically hazardous area on-site. In making the
determination, the Administrator shall use the best available information including
any previously completed special reports conducted in the vicinity of the subject
proposal. If no hazard area is determined to be present, this Section shall not apply
to the review of the proposed use or development.
5. Hazard present (non-channel migration zone): If it is determined that a severe
erosion hazard, mine hazard, seismic hazard, or landslide hazard other than a
channel migration zone hazard, may be present on or adjacent to a proposed
development site, the applicant shall submit a geologic hazard area risk assessment
prepared by a professional engineer, engineering geologist, or geologist. The
geologic hazard area risk assessment shall include:
a. A description of the geology of the site and the proposed use or development;
b. An assessment of the potential impact the project may have on the geologic
hazard;
c. An assessment of what potential impact the geologic hazard may have on the
project;
d. Appropriate mitigation measures, if any; and
e. A conclusion as to whether further analysis is necessary.
The assessment shall be signed by and bear the seal of the engineer or geologist
that prepared it. No further analysis shall be required if the geologic hazard area risk
assessment concludes that there is no geologic hazard present on the site, nor will
the project affect or be affected by any potential geologic hazards that may be
nearby. If the professional preparing the geologic hazard area risk assessment
concludes that further analysis is necessary, the applicant shall submit a
geotechnical report consistent with the provisions of this Section.
6. Geotechnical report (non-channel migration zone): The geotechnical report shall
include a certification from the engineering geologist or geotechnical engineer
preparing the report, including the professional’s stamp and signature. The
geotechnical report shall include the following:
a. A detailed description of the geology and soil conditions of the site;
b. Evaluation of the geologic conditions giving rise to the geologic hazard;
c. An evaluation of the safety of the proposed project;
d. Conclusions and recommendations regarding the effect of geologic conditions on
the proposed use or development;
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e. Conclusions and recommendations on the suitability of the site to be developed;
f. A statement regarding the risk of damage from the project, both on- and off-site;
and whether or not the project will materially increase the risk of occurrence of
the hazard;
g. Recommendations concerning drainage practices, vegetation retention and
other mitigation and monitoring measures which may be needed to ensure slope
stability;
h. Recommended erosion and sediment control measures;
i. A bibliography of scientific citations; and
j. Any other specific measures which must be incorporated into the design and
operational plan of the project to eliminate or reduce the risk of damage due to
the hazard. This shall include a recommendation on the required buffer or
setback distance that must be maintained between the proposed action and the
hazard to ensure the safety of the use or development.
7. Hazard present (channel migration zone): If County maps indicate that a potential
channel migration zone hazard exists on or adjacent to a proposed use or
development site, the applicant shall either:
a. Locate the proposal landward of the channel migration hazard area as indicated
on the map; or
b. Submit a channel migration zone study, prepared by a geologist, engineering
geologist, or professional engineer licensed in the state of Washington with at
least five (5) years of experience in analyzing channel response in the fluvial
systems of the Pacific Northwest, that demonstrates the following:
i. The parcel on which the development or use is proposed is effectively
protected (disconnected) from channel movement due to the existence of
permanent levees maintained by public agencies or infrastructure such as
roads and bridges constructed and maintained by public agencies (not all
roads and levees will be considered disconnection points); or
ii. The proposed use or development site has minimal risk of channel
migration during the next one hundred (100) years as indicated by the
existing channel type, land cover (and low likelihood of future alterations in
land cover); surficial geology, low soil erosion potential; lack of evidence of
likely avulsion pathways (including areas upstream of, but proximate to, the
site); low inundation frequency(ies). The assessment shall include a review
of available data regarding historical channel locations at the site;
identification of the site within a broader geomorphic reach of the river
system, and the general characteristics of that reach; description of existing
channel type, existing channel alterations and likelihood of future alterations
with changes in land cover; surficial geology, soils and erosion potential;
and geotechnical setbacks relating to erosion at the toe of adjacent slope(s).
The approach to assessing local migration shall be generally equivalent to
the methods detailed in “A Framework for Delineating Channel Migration
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Zones” (Ecology Publication # 03-06-027), or similar method approved or
sanctioned by Ecology.
8. Based upon the results of the channel migration zone assessment, the Administrator
may prohibit or limit use or development within a channel migration zone and/or
require a buffer of undisturbed natural vegetation from the edge of the channel
migration zone.
9. The Administrator may impose conditions on any new shoreline use and
developments in a geologically hazardous area as needed to:
a. Protect slope stability and minimize erosion, seismic, and/or landslide hazard
risks;
b. Maintain natural sediment and erosion processes that are integral to the health
and sustainability of freshwater ecosystems;
c. Minimize the potential for property damage related to seismic events, erosion
and/or landslides;
d. Minimize the need for structural shoreline stabilization in the future;
e. Protect human health and safety; and
f. Reduce public liabilities for damages associated with seismic events, erosion
and/or landslides.
Q. Regulations—frequently flooded area designation and mapping
1. Designation and mapping: All lands classified as floodway or special flood hazard
areas in the Federal Emergency Management Agency report titled “Flood Insurance
Rate Maps and Flood Boundary and Floodway Maps” dated November 5, 1980, as
now or hereafter amended are designated as frequently flooded areas. The report
and maps are on file at Kittitas County. When base flood elevation data has not
been provided in the report, the Administrator shall obtain, review, and reasonably
utilize any base flood elevation and floodway data available from the Federal
Emergency Management Agency, Washington State Department of Ecology, or
other qualified source. Where base flood elevation data and floodway delineation are
not available either through the report or from a qualified source, historical data, high
water marks, and photographs of past flooding shall be used to determine base flood
elevations.
2. Additional areas may be classified by the Administrator as frequently flooded areas,
based upon the following criteria:
a. Documented history of flood damage; and/or
b. Evidence of stream channel instability and susceptibility to erosion.
R. Regulations— frequently flooded area protection standards
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1. New uses and developments within frequently flooded areas, including flood control
structures regulated in Section 5.3 of this Program, shall comply with the Kittitas
County Flood Prevention Ordinance (KCC Chapter 14.08 – December 2014) which
is hereby adopted by reference.
2. Floodplain storage: New uses or developments shall not reduce the effective flood
storage volume within a frequently flooded area. If proposed grading, fill, or other
activity would reduce effective flood storage volume, then mitigation is required per
Section T. below.
S. Regulations—frequently flooded area reporting
1. The Administrator’s approval of a new use or development within a frequently
flooded area shall be contingent upon reporting that meets the requirements of KCC
14.08.110 through 14.08.130 (December 2014).
T. Regulations—frequently flooded area compensatory mitigation
1. Development proposals shall provide compensatory storage if grading, fill, or other
activity will reduce the effective base flood storage volume of the floodplain.
Compensatory storage shall comply with KCC 14.08.315 (December 2014) and the
following:
a. Provide equivalent volume at equivalent elevations to that being displaced. For
this purpose, “equivalent elevation” means having similar relationship to ordinary
high water and to the best available ten-(10)-year, fifty-(50)-year, and one
hundred-(100)-year water surface profiles;
b. Be hydrologically connected to the source of flooding;
c. Provide compensatory storage in the same construction season as when the
displacement of flood storage volume occurs and before the flood season begins;
d. If the newly created storage area is accessible to fish during flood events, the
area shall be designed, graded and maintained to prevent fish stranding; and
e. The Administrator may approve equivalent compensatory storage off the site if
acceptable legal arrangements are made to assure that the effective
compensatory storage volume will be preserved over time.
2. Mitigation plans for development within frequently flooded areas that will reduce the
effective base flood storage volume of the floodplain shall be prepared by an
engineer licensed in the state of Washington and familiar with hydrology, hydraulics,
and fluvial geomorphology. Plans shall include the following information:
a. Potential that materials may be swept during flooding onto other lands to the
detriment of others;
b. Actual danger to life and property if flooding or erosion occurs;
c. Susceptibility of the proposed development and its contents to flood damage;
d. Availability of alternative locations for the proposed use which are not subject to
flood or erosion damage;
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e. Relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
f. Safety of access to the property in times of flood for ordinary and emergency
vehicles;
g. Expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters and the effects of wave action at the site;
h. Costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities;
i. Location and extent of storage area for floodwater which will be displaced by the
proposed development; and
j. The risk to public and private property and public health, safety and welfare due
to rising of water levels, shifting of stream channels (including related erosion) as
well as costs to individuals and the general public for items which are not insured
such as loss of productivity due to closed roads, risk to emergency response
workers, loss of uninsured property (cars, landscaping, etc.) and habitat damage
as a result of loss of riparian zones and floodplain function.
U. Regulations— critical aquifer recharge areas designation, mapping, and
classification
1. Designation: Critical aquifer recharge areas are areas where an aquifer that is a
source of drinking water is vulnerable to contamination that would affect the
potability of the water. These recharge areas have geologic conditions that allow
high infiltration rates, which contribute significantly to the replenishment of ground
water. These conditions also create a high potential for ground water contamination.
All lands and shorelands classified as having high aquifer recharge potential and
aquifer susceptibility are hereby designated as critical aquifer recharge areas.
Critical aquifer recharge areas also include known wellhead protection areas for
Class A water systems. A wellhead protection area is the surface and subsurface
area surrounding a well or wellfield that supplies a public water system through
which contaminants are likely to pass and eventually reach the water well(s) as
designated under the Federal Safe Drinking Water Act.
2. Mapping: The general location and extent of critical aquifer recharge are shown on
maps maintained by the County. These maps are useful as a guide for Kittitas
County, project applicants, and/or property owners, and may be updated as more
information on aquifer recharge and susceptibility becomes available. These maps
are a reference and do not provide a conclusive or final critical area designation.
3. Classification: All Kittitas County shorelands shall be classified as having either a
high, medium, or low aquifer recharge potential. At a minimum, classification shall be
based on soil permeability and recharge potential as described within the Soil
Survey of Kittitas County. Where adequate information is available, aquifer recharge
potential shall be further classified based on the recharge potential of surficial
geologic materials, presence or absence of restrictive layers, surface and
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groundwater monitoring data, wellhead protection areas, depth to groundwater,
topography (i.e., slopes), and locally adopted groundwater protection plans and
studies. Land classified as having a high, medium, or low aquifer recharge potential
shall also be classified as having a high, medium, or low susceptibility to
contamination of an underlying aquifer, respectively. Based on these criteria, the
potential for recharging aquifers or transmitting contaminants to the underlying
aquifer is greatest where the aquifer is close to the ground surface, where ground
surface slopes are minimal, and where the recharge potential of the soils and/or
surficial geologic material is greatest. All wellhead protection areas shall be
designated as highly susceptible critical aquifer recharge areas. Wellhead Protection
Areas are the areas defined by the boundaries of the 10-year time of ground water
travel, in accordance with WAC 246-290-135.
V. Regulations—critical aquifer recharge areas protection standards
1. Protection standards for critical aquifer recharge areas have been incorporated into
the water quality regulations in Section 5.6 and into the provisions for specific
shoreline uses in Chapter 4. Such standards shall be considered the minimum
necessary to protect critical aquifer recharge areas.
2. New use and development in a critical aquifer recharge area shall meet the following
standards:
a. The proposed use and/or development will not cause contaminants to enter the
aquifer and will not significantly adversely affect the recharging of the aquifer.
b. The proposed use and/or development must comply with applicable water source
protection requirements of the Federal Environmental Protection Agency (EPA),
Washington State Department of Health, and the Kittitas County Health
Department.
c. The proposed use and/or development must be designed and constructed in
accordance with applicable stormwater management standards
3. When located within an area of medium or high aquifer susceptibility,
aboveground/underground storage tanks or vaults for the storage of hazardous
substances, animals wastes, sewage sludge, fertilizers, or other chemical or
biological hazards or dangerous wastes as defined in WAC Chapter 173-303, or any
other substances, solids, or liquids in quantities identified by Kittitas County Public
Health, consistent with WAC 173-303, as a risk to groundwater quality, shall be
designated and constructed so as to:
a. Prevent the release of such substances to the ground, groundwaters, or surface
waters;
b. Be contained or enclosed by an impervious containment area with a volume
greater than the volume of the storage tank or vault to avoid an overflow of the
containment area;
c. Provide for release detection;
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d. Provide written spill response and spill notification procedures to the local fire
district;
e. Use material in the construction or lining of the storage containment area which
is compatible with the substance to be storage to protect against corrosion or
leakage, or otherwise designed in a manner to prevent the release or threatened
release of any storage substance; and
f. Comply with chapters 173-303 and 173-360 WAC.
g. The tanks must comply with Ecology regulations contained in WAC Chapters
173-360 and 173-303 as well as International Building Code requirements.
4. The Administrator may grant a waiver from one or more of the above requirements
(in 3.a. through g.) upon a finding that the aboveground storage activity would not
create a significant risk to groundwater quality. Aboveground or underground
storage facilities designed and maintained according to an approved plan from the
Natural Resources Conservation Service or Kittitas County Conservation District are
exempt from these requirements but remain under the jurisdiction of the County to
ensure compliance with the protective features of this Section and for enforcement
purposes.
5. The use of fertilizers, herbicides, pesticides, or other chemical for vegetation
management within critical aquifer recharge areas shall adhere to the best
management practices to prevent impacts to water quality and water supply. Where
the application of such chemicals covers five (5) or more acres, a mitigation plan
shall be required pursuant the regulations listed below.
6. The following uses and development activities, when proposed in medium or high
susceptibility critical aquifer recharge areas, have the potential to adversely affect
ground water quality and/or quantity and may only be allowed subject to the
County’s review and approval of a special hydrogeological assessment prepared by
a qualified professional:
a. Vehicle repair, servicing, and salvaging facilities, provided that the facility must
be conducted over impermeable pads and within a covered structure capable of
withstanding normally expected weather conditions. Chemicals used in the
process of vehicle repair and servicing must be stored in a manner that protects
them from weather and provides containment should leaks occur. Dry wells shall
not be allowed on sites used for vehicle repair and servicing. Dry wells existing
on the site prior to facility establishment must be abandoned using techniques
approved by the Washington State Department of Ecology prior to
commencement of the proposed activity;
b. Use of reclaimed wastewater must be in accordance with adopted water or sewer
comprehensive plans that have been approved by Ecology;
c. Any other uses or development activity that the Administrator determines is likely
to have a significant adverse impact on ground water quality or quantity, or on
the recharge of the aquifer. The determination must be made based on credible
scientific information;
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d. New landfills, including hazardous or dangerous waste, municipal solid waste,
special waste, wood waste of more than two thousand (2,000) cubic yards, and
inert and demolition waste landfills;
e. Underground injection wells. Class I, III, and IV wells and subclasses 5F01,
5D03, 5F04, 5W09, 5W10, 5W11, 5W31, 5X13, 5X14, 5X15, 5W20, 5X28, and
5N24 of Class V wells;
f. Wood treatment facilities that allow any portion of the treatment process to occur
over permeable surfaces (both natural and manmade); and
g. Facilities that store, process, or dispose of chemicals containing
perchloroethylene (PCE) or methyl tertiary butyl ether (MTBE).
W. Regulations—critical aquifer recharge areas reports
1. When required by this code, hydrogeological reports for proposed uses and
developments in critical aquifer recharge areas shall include the following
information in addition to the general mitigation requirements listed above:
a. Geologic setting and soils information for the site and surrounding area;
b. Water quality data, including pH, temperature, dissolved oxygen, conductivity
nitrates, and bacteria;
c. Location and depth of perched water tables;
d. Recharge potential of facility site (permeability/transmissivity);
e. Hydrologic budget;
f. Local groundwater flow, direction, and gradient;
g. Location, depth, and other water quality data on the three (3) shallowest wells or
springs located within one thousand (1,000) feet of the site;
h. Impacts on wellhead protection areas located within the proposed site;
i. Surface water locations within one thousand (1,000) feet of the site;
j. Discussion of the effects of the proposed project on groundwater quality and
quantity;
k. Recommendations on appropriate mitigation, if any, to assure that there shall be
no measurable exceedence of minimum state groundwater quality standards or
measurable reduction in available quantity of groundwater;
l. Emergency management plan; and
m. Containment release detection.
5.3 Flood hazard reduction
The following provisions apply to actions taken to reduce flood damage or hazard and to
uses, development, and shoreline modifications that may increase flood hazards. Flood
hazard reduction measures may consist of non-structural measures, such as setbacks,
land use controls, wetland restoration, dike removal, use relocation, biotechnical
measures, and stormwater management programs as well as structural measures such
as dikes, levees, revetments, floodwalls, channel realignment, and elevation of
structures consistent with the National Flood Insurance Program.
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A. Policies
1. Minimize future use and development in flood prone areas in order to protect public
health and private property.
2. Prohibit new or expanding shoreline uses or development in the shoreline including
subdivision of land that would likely require structural flood control works within a
river, channel migration zone, floodway, or lakes.
3. Limit flood control works in the shoreline to those necessary to protect existing
development where non-structural flood hazard reduction measures are infeasible.
4. Encourage non-structural and non-regulatory methods to protect, enhance, and
restore shoreline ecological functions and processes and other shoreline resources
as an alternative to structural flood hazard reduction measures and structures. Non-
regulatory and non-structural methods may include public facility and resource
planning, land or easement acquisition, education, voluntary protection and
enhancement projects, or incentive programs.
5. Where feasible, flood hazard reduction measures should be bioengineered to
enhance ecological functions, create a more natural appearance, improve ecological
processes, and provide more flexibility for long-term shoreline management. Such
features may include, but not be limited to, vegetated berms; and vegetative
stabilization, including brush matting and buffer strips and retention of existing trees,
shrubs and grasses on banks.
6. Plan and design flood hazard reduction measures in a manner consistent with
applicable watershed management plans, flood hazard mitigation plans, local
comprehensive planning efforts, the SMA and WAC 173-26.
7. Assure that flood hazard reduction measures result in no net loss of ecological
functions and ecosystem-wide processes associated with rivers, streams and lakes.
8. Locate, design, construct and maintain flood control measures so their resultant
effects on geo-hydraulic shoreline processes will not cause significant damage to
other properties or shoreline resources, and so that the physical integrity of the
shoreline corridor is maintained.
9. Plan for and facilitate returning river and stream corridors to more natural
hydrological conditions, recognizing that seasonal flooding is an essential natural
process.
10. When evaluating alternate flood control measures, consider the removal or
relocation of structures in flood-prone areas.
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11. Evaluate appropriate opportunities to remove or prevent structures that confine
floodplains and inhibit channel migration.
B. Regulations
1. Use and development in floodplains shall not significantly or cumulatively increase
flood hazards or be inconsistent with comprehensive flood hazard management
plans adopted pursuant to RCW Chapter 86.12.
2. New uses or development in shoreline jurisdiction, including the subdivision of land,
shall not be permitted when it would be reasonably foreseeable that the uses and/or
development would require structural flood hazard reduction measures within the
channel migration zone or floodway.
3. The following uses and activities may be appropriate and/or necessary within the
channel migration zone or floodway:
a. Actions that protect or restore the ecosystem-wide processes or ecological
functions.
b. Forest practices in compliance with the Washington State Forest Practices Act
and its implementing rules.
c. Existing and ongoing agricultural practices provided that no new restrictions to
channel movement occur.
d. Mining when conducted in a manner consistent with Section 6.12 Mining, the
shoreline environment designation, and with the provisions of WAC 173-26-
241(3)(h).
e. Bridges, utility lines, and other public utility and transportation structures where
no other feasible alternative exists or the alternative would result in unreasonable
and disproportionate costs. Where such structures are allowed, mitigation shall
address impacted functions and processes in the affected shoreline.
f. Repair and maintenance of an existing legal use, provided that such actions do
not cause significant ecological impacts or increase flood hazards to other uses.
g. Use and development with a primary purpose of protecting or restoring ecological
functions and ecosystem-wide processes.
h. Modification or additions to an existing nonagricultural legal use, provided that
channel migration is not further limited and that the new uses and/or
development includes appropriate protection of ecological functions.
i. Use and development in incorporated municipalities and designated urban
growth areas, as defined in RCW Chapter 36.70A, where structures exist that
prevent active channel movement and flooding.
4. Allow new structural flood hazard reduction measures in shoreline jurisdiction only
when it can be demonstrated by a scientific and engineering analysis that they are
necessary to protect existing development; that nonstructural measures are not
feasible; that impacts on ecological functions and priority species and habitats can
be successfully mitigated so as to assure no net loss; and that appropriate
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vegetation conservation actions are undertaken consistent with Section 5.5
Shoreline buffer and vegetation conservation, and WAC 173-26-221(5).
5. Structural flood hazard reduction measures shall be consistent with the adopted
Kittitas County Multi-jurisdictional Hazard Mitigation Plan (October 2012).
6. Place new structural flood hazard reduction measures landward of the associated
wetlands, and designated vegetation conservation areas, except for actions that
increase ecological functions, such as wetland restoration; provided that such flood
hazard reduction projects be authorized if it is determined that no other alternative to
reduce flood hazard to existing uses and/or development is feasible. The need for,
and analysis of feasible alternatives to, structural improvements shall be
documented through a geotechnical analysis.
7. New structural public flood hazard reduction measures, such as dikes and levees,
shall dedicate and improve public access pathways unless public access
improvements would cause unavoidable health or safety hazards to the public,
inherent and unavoidable security problems, unacceptable and unmitigated
significant ecological impacts, unavoidable conflict with the proposed use, or cost
that is disproportionate and unreasonable to the total long-term cost of the use or
development.
8. The removal of gravel for flood management purposes shall be consistent with an
adopted flood hazard reduction plan and with the provisions of WAC 173-26, Section
6.7 Dredging and dredge material disposal and Section 6.12 Mining; and be allowed
only after a biological and geo-morphological study shows that extraction has a long-
term benefit to flood hazard reduction, does not result in a net loss of ecological
functions, and is part of a comprehensive flood management solution.
5.4 Public access
Public access includes the ability of the general public to reach, touch, and enjoy the
water’s edge, to travel on the waters of the state, and to view the water and the
shoreline from adjacent locations. Public access provisions below apply to all
shorelines of the state unless stated otherwise.
A. Policies
1. Promote and enhance the public interest with regard to rights to access waters held
in public trust by the state while protecting private property rights and public safety.
2. Protect the rights of navigation and space necessary for water-dependent uses.
3. Protect the public's opportunity to enjoy the physical and aesthetic qualities of
shorelines of the state, including views of the water in a manner consistent with the
overall best interest of the state and the people generally.
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4. Public shoreline access should not cause negative impacts to surrounding
properties, such as litter or trespass.
5. Regulate the design, construction, and operation of permitted uses in the shorelines
of the state to minimize, insofar as practical, interference with the public's use of the
water.
6. Incorporate physical and/or visual public access to shorelines in new uses and
development proposals.
7. Public access areas and/or facility requirements should be commensurate with the
scale and character of the use or development and should be reasonable, fair and
effective.
8. Shoreline use and development activities should be designed and operated to
minimize obstructions of the public’s visual access to the water and shoreline.
9. The linkage of shoreline parks, recreation areas and public access points by hiking
paths, bicycle paths, easements and/or scenic drives, should be encouraged.
10. Public access should be designed for accessibility by disabled persons.
11. Public access improvements shall not result in a net loss of shoreline ecological
functions.
12. Existing public access points, including parks, trailheads, and boat launches shall be
maintained to support public use and enjoyment of shorelines.
13. Seek opportunities to establish new boat launches and picnic areas along the
Yakima River, the Columbia River, and along Lake Cle Elum.
14. Additional user amenities at or along shorelines in the Rural Conservancy and Urban
Conservancy environments, such as parking areas, restrooms, benches, picnic
tables, and signage should be added throughout the region to improve the
recreational experience along shorelines.
B. Regulations
1. Public access shall consist of a dedication of land or easement and a physical
improvement in the form of a walkway, trail, bikeway, corridor, viewpoint, park, deck,
observation tower, pier, boat launching ramp, dock or pier area, or other area
serving as a means of view and/or physical approach to public waters and may
include interpretive centers and displays.
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2. New shoreline use and development by public entities, such as local governments,
port districts, state agencies, and public utility districts, shall provide public access
as part of each development project, unless such access is shown to be
incompatible with the Program due to reasons of safety, security, or adverse impacts
to shoreline functions and processes.
3. New shoreline use and development by private entities shall provide public access
when:
a. The development would generate a public demand for one or more forms of such
physical or visual access;
b. The development will impair existing legal access opportunities or rights; or
c. The development is not a preferred shoreline use (e.g. non-water-oriented
commercial or industrial development).
4. Public health and safety concerns associated with community or public access sites
shall be adequately mitigated.
5. Efforts to implement the public access provisions of this Section shall be consistent
with all relevant constitutional and other legal limitations on regulation of private
property and the principles of nexus and proportionality.
6. Public access requirements on privately owned lands shall be commensurate with
the scale and character of the use and/or development and shall be reasonable,
effective and fair to all affected parties, including, but not limited to, the landowner
and the public.
7. Where feasible, providers of shoreline public access shall:
a. Locate and design public access improvements in a manner that is compatible
with the natural shoreline character and avoids adverse impacts to shoreline
ecological processes and functions; and
b. Ensure public access improvements and amenities are safe, respect individual
privacy, and avoid or minimize visual impacts from neighboring properties; and
c. Provide maps, signage, and orientation information to inform the public of the
presence and location of privately held shorelands, especially those adjacent to
public access and recreational areas; and
d. Incorporate programs, signage and informational kiosks into public access
locations, where appropriate, to enhance public education and appreciation of
shoreline ecology and areas of historical or cultural significance.
8. Opportunities to provide visual public access shall be evaluated during the review
and conditioning of all proposed commercial and industrial shoreline developments
and residential developments involving more than four (4) residential parcels.
9. Dedicated space for physical public access shall be incorporated into all use and
development proposals on public lands, all public and private commercial and
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industrial uses and developments, multi-family residential development of more than
four (4) dwelling units, and all residential subdivisions of greater than four (4) parcels
unless the project proponent demonstrates that any of the following conditions exist:
a. Unavoidable public health or safety hazards exist and cannot be prevented
through reasonable means; or
b. The use and/or development has inherent security or cultural sensitivity
requirements that cannot be mitigated through reasonable design measures or
other solutions; or
c. The provision of public access for the proposed use or development is not
consistent with all relevant constitutional and other legal limitations on regulation
of private property and the principles of nexus and proportionality; or
d. The cost of providing the access, easement or an alternative amenity is
disproportionate to the total long-term cost of the proposed use or development;
or
e. The public access will cause unacceptable environmental impacts that cannot be
mitigated; or
f. The access would create significant, undue, and unavoidable conflicts with
adjacent uses that cannot be mitigated.
10. To be relieved from public access requirements the project proponent must
demonstrate that all feasible alternatives have been considered, including, but not
limited to:
a. Regulating access through means such as maintaining a gate and/or limiting
hours of use; and
b. Separating uses and activities (e.g., fences, terracing, use of one-way glazing,
hedges, landscaping, etc.).
11. When physical public access is deemed to be infeasible, the proponent shall provide
visual access to the shoreline or provide physical access at an off-site location
geographically separated from the proposed use or development (e.g., a street end,
vista, or trail system), or for a residential development, provide community access to
the shoreline or to a common waterfront lot/tract for non-commercial recreational use
of the property owners and guests within the proposed subdivision.
12. Public access shall be located and designed to be compatible with the natural
shoreline character, to avoid adverse impacts to shoreline ecological functions and
processes, and to ensure public safety.
13. Public shoreline access provided by public road ends, public road rights-of-way,
public utilities and rights-of-way shall not be diminished by the County, neighboring
property owners, or other citizens, unless the property is zoned for industrial uses in
accordance with RCW Chapter 36.87.130.
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14. Public access sites shall be directly connected to the nearest public street and shall
include improvements that conform to the requirements of the Americans with
Disabilities Act (ADA) when feasible and impacts to shoreline ecology are mitigated.
15. Opportunities for boat-in public access and access to primitive shorelines not
accessible by automobile shall be provided where feasible and appropriate.
16. When required for public land, commercial, port or industrial use or development,
public access sites shall be fully developed and available for public use prior to final
occupancy of such use or development.
17. Public access easements, dedications, and permit conditions shall be recorded on
the deed of title and/or the face of a short or long plat as a condition running, at a
minimum, for a period contemporaneous with the duration of the authorized land
use. Recording of such easements, dedications, and conditions shall occur at the
time of final approval for all subdivisions and binding site plans or prior to final
occupancy for other permits.
18. Where there is an irreconcilable conflict between water-dependent shoreline uses or
physical public access and maintenance of views from adjacent properties, the
water-dependent uses and physical public access shall have priority, unless there is
a compelling reason to the contrary.
19. Public access facilities shall be maintained over the life of the use or development.
Future actions by successors-in-interest or other parties shall not diminish the
usefulness or value of required public access areas and associated improvements.
20. Maintenance of the public access facility shall be the responsibility of the owner or
home owner’s association, unless otherwise accepted by a public or non-profit
agency through a formal agreement recorded with the County Auditor's Office.
Applicants shall make provisions to assure permanence and maintenance of public
access facilities.
21. Access improvements shall not result in a net loss of shoreline ecological functions
and values.
22. Rights of navigation shall be protected in conformance with the provisions of this
Program.
5.5 Shoreline buffers and vegetation conservation
Shoreline buffers protect shorelines from the adverse effects of adjacent land use and
development. Buffers also help protect people and property from natural hazards that
are present on some shorelines. Vegetated buffers provide habitat, maintain water
quality, stabilize slopes and streambanks, and help achieve no net loss of shoreline
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ecological functions to function effectively, buffers must be well-vegetated. As a result,
the Program promotes vegetation conservation including restrictions on clearing and
grading, vegetation restoration and enhancement, and the control of invasive weeds
and non-native species.
Unless otherwise stated, buffer and vegetation conservation regulations of this Program
do not apply to those activities covered under the Washington State Forest Practices
Act, except for conversion of forest uses to other uses and those other forest practice
activities over which local governments have authority. As with all master program
provisions, buffer and vegetation conservation provisions apply even to those shoreline
uses and developments that are exempt from the requirement to obtain a shoreline
permit. Like other master program provisions, buffer and vegetation conservation
standards do not apply retroactively to legally established existing uses and structures,
such as existing agricultural activities.
A. Policies
1. Conserve native shoreline vegetation to maintain shoreline ecological functions and
processes and mitigate the direct, indirect and cumulative impacts of shoreline use
and development, wherever feasible. Disturbance of native plant communities
should be avoided. Disturbed areas should be re-vegetated with native plant species
appropriate to the soil and hydrologic conditions.
2. Protect the ecological and aesthetic qualities of the shoreline environment and
minimize risks associated with flooding, erosion, channel migration, landslides, and
other natural events and processes by separating and setting back new shoreline
uses and developments from the edge of the water. Vegetated buffers should be
maintained between shoreline waters and the adjoining land uses.
3. Encourage noxious and invasive weed management and control. Control of such
species should be done in a manner that retains on-site native vegetation, provides
for erosion control, and protects water quality.
B. Regulations-shoreline buffers
1. New uses and developments shall be located landward of the shoreline buffers
shown in Table 5.5-1 in accordance with the shoreline environment designation,
unless this Program specifically allows the use/development within the shoreline
buffer. Shoreline buffers shall be measured in all directions from the OHWM.
Uses/development may also be subject to additional buffers prescribed in Section
5.2 of this Program due to presence of critical areas. In such cases, the landward-
most buffer shall apply.
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Table 5.5-1. Standard Shoreline Buffers (Type S Waters)
Shoreline Environment
Designation
Type S Standard
Shoreline
Buffer Width (feet)
Urban Conservancy 100
Shoreline Residential 100
Rural Conservancy 100
Natural 150
2. Buffer condition: Shoreline buffers shall be maintained in a well-vegetated condition.
For purposes of this Program, a well vegetated buffer is one that supports a
predominance of native plant species at densities that would occur in similar
relatively undisturbed settings. Vegetation conservation standards do not apply
retroactively to existing legally established uses and developments. Vegetation
associated with existing structures, uses and developments may be maintained
within shoreline jurisdiction. A letter of exemption pursuant to Section 7.3.3 is not
required for this normal maintenance.
3. Interrupted buffer: When a shoreline buffer contains an existing legally established
public or private road, the Administrator may allow development on the landward
side of the road provided that the development will not have a detrimental impact to
the shoreline. The applicant may be required to provide a critical areas report to
describe the impacts. In determining whether a critical areas report is necessary,
the County shall consider the hydrologic, geologic, and/or biological habitat
connection potential and the extent and permanence of the buffer interruption.
4. Allowed shoreline buffer alterations: Alteration or disturbance of the standard
shoreline buffers shown in Table 5.5-1 shall not be allowed except in those limited
instances when the Administrator finds that the alteration is necessary to
accommodate one of the following uses/developments. In all cases, the buffer
alteration shall be the minimum necessary to accommodate the proposed
use/development. The Administrator may require vegetation enhancement outside of
the disturbed area as compensation for the buffer alteration:
a. Shoreline view corridors: The Administrator may allow limited and selective tree
removal, pruning, and/or limbing within the shoreline buffer to create one view
corridor on a lot, when otherwise consistent with this Program and if the
following conditions are met:
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i. The view corridor shall be limited to twenty-five (25) feet in width or
twenty-five percent (25%) of the width of the lot frontage, whichever
distance is less;
ii. The removal of vegetation shall not require any ground-disturbing
equipment and shall not materially alter soils or topography;
iii. A view clearance plan may be requested by the Administrator when
determined that a substantial amount of vegetation is proposed for
modification. The plan shall be prepared by a qualified ecologist, forester,
arborist, or landscape architect prior to approving the view corridor and will
include:
(a) Identification and description of the location and extent of the proposed
tree removal, pruning, and limbing, and the view corridor; and
(b) A critical areas report prepared by a qualified ecologist demonstrating
the proposed removal of vegetation will not result in a net loss of
shoreline ecological function.
iv. Proposed view clearance within a designated landslide or erosion hazard
area shall require review of the proposed clearance by an engineering
geologist or geotechnical engineer to ensure that the proposed removal of
vegetation will not cause or exacerbate hazards.
b. Selective pruning. Selective pruning of trees for views is allowed. Selective
pruning of trees does not include removal of understory vegetation, and must not
compromise the health of the tree. A letter of exemption pursuant to Section
7.3.3 is not required for selective pruning, provided the development is exempt
pursuant to WAC 173-27-040(2)(a), as amended.
c. Private pathways: Private pathways which provide pedestrian access to the
shoreline may be allowed within a shoreline buffer provided they are constructed
of pervious material, are less than or equal to six (6) feet wide, and follow a route
that minimizes erosion and gullying (e.g., a winding but direct path). Pathways
shall be co-located within the view corridor if one is available in order to minimize
buffer disturbance. A letter of exemption pursuant to Section 7.3.3 is not required
for private pathways, provided the development is exempt pursuant to WAC 173-
27-040(2)(a), as amended.
d. Hazard tree removal: Removal of a hazard tree, including removal for compliance
with KCC 20.10, Wildland Urban Interface Code, may be allowed in the shoreline
buffer when trimming is not sufficient to address the hazard. Where the hazard is
not immediately apparent to the Administrator, the Administrator may require the
applicant to submit a hazard tree determination report prepared by a qualified
arborist or forester.
e. Invasive species management: Removing invasive, non-native shoreline
vegetation listed on the Kittitas County Noxious Weed List or Washington State
Noxious Weed Board Monitor List should be allowed in the shoreline buffer when
otherwise consistent with this Program. The disturbed areas must be promptly re-
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vegetated using species native to Kittitas County and appropriate for the
ecological sitting. If the removal area is greater than ten thousand (10,000)
square feet or requires soil disturbance using non-handheld mechanized
equipment, the Administrator shall require a vegetation management plan
prepared by a qualified ecologist, forester, arborist, or landscape architect prior to
approving the invasive species removal. The vegetation management plan shall
identify and describe the location and extent of vegetation management. For
properties within designated landslide or erosion hazard areas, the Administrator
may require review of the vegetation management plan by an engineering
geologist or geotechnical engineer to ensure that the vegetation management will
not cause or exacerbate hazards associated with soil or slope instability. The
location and size of the invasive species management area shall be clearly
defined on the site plan.
f. Public trails and other public access improvements: Public trails and public
access improvements may be allowed in the shoreline when there is no suitable
alternative location outside the buffer and when they are otherwise consistent
with the policies and regulations of this Program.
g. Utilities and essential public facilities: Utilities and essential public facilities that
meet the definition of water-dependent or water-related may be allowed in the
shoreline buffer when there is no suitable alternative location outside the buffer
and when they are consistent with the policies and regulations specified in
Section 6.19 of this Program.
h. Irrigation structures: Water control structures and sprinkle irrigation structures
that reduce siltation and retard surface runoff, and associated leveling and filling
on land not currently in agricultural use, may be allowed in the shoreline buffer
provided the new agricultural activities are located landward of existing
agricultural activities. A letter of exemption pursuant to Section 7.3.3 is not
required for irrigation structures, provided the development is exempt pursuant to
WAC 173-27-040(2)(e), as amended.
i. Water-dependent and water-related uses: Water-dependent and water-related
uses provided the amount of buffer encroachment and disturbance are the
minimum needed to accommodate the use or development.
5. Buffer averaging: The Administrator may allow averaging of the shoreline buffer
widths in Table 5.5-1 when necessary to accommodate a single-family residence,
residential subdivision of four (4) or fewer lots, or a water-dependent or water-related
use or development. The buffer averaging shall be allowed only in those limited
instances when adherence to the standard buffer is infeasible or presents a
substantial hardship because of site conditions, lot configuration or other
circumstances. Buffers that have been averaged or reduced by any prior actions
administered by Kittitas County shall not be further averaged. Prior to approving
buffer averaging the Administrator shall require a critical area report (per the
requirements in Section 5.2). With buffer averaging, the buffer width is reduced in
one location and increased in another location to maintain the same overall buffer
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area. Proposals for buffer averaging shall not require a shoreline variance or
compensatory mitigation if the following conditions are met:
a. The minimum width of the buffer at any given point is at least seventy five
percent (75%) of the standard width per Table 5.5-1, or twenty-five (25) feet,
whichever is greater;
b. The net buffer area (acreage) after averaging is the same as the buffer area
without averaging; and
c. The area that is added to the buffer to offset the reduction is well-vegetated. The
Administrator may require vegetation enhancement if needed to ensure this
criterion is met.
6. Where possible, development and uses within the urban conservancy, rural
conservancy, and natural designations shall be situated to avoid or minimize impacts
to forest habitat and other relatively undisturbed native vegetation communities.
5.6 Water quality, stormwater, and nonpoint pollution
The following section applies to all uses and development in shorelines of the state, as
defined in WAC 173-26-020, that affect water quality.
To ensure mutual consistency between shoreline management provisions and other
regulations that address water quality and stormwater quantity, including public health,
stormwater, and water discharge standards, the regulations that are most protective of
ecological functions shall apply.
A. Policies
1. Prevent impacts to water quality and stormwater quantity that would result in a net
loss of shoreline ecological functions, or a significant impact to aesthetic qualities, or
recreational opportunities.
2. Maintain or enhance the quantity and quality of surface and ground water over the
long term.
3. Shoreline use and development should minimize the need for chemical fertilizers,
pesticides or other similar chemical treatments to prevent contamination of surface
and groundwater and/or soils and adverse effects on shoreline ecological functions
and values.
B. Regulations
1. Shoreline use and development shall incorporate measures to protect and maintain
surface and groundwater quantity and quality in accordance with all applicable laws.
2. New uses and developments shall provide stormwater management facilities
designed, constructed, and maintained in accordance with the current stormwater
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management standards. Deviations from these standards may be approved where it
can be demonstrated that off-site facilities would provide better treatment, or where
common retention, detention and/or water quality facilities meeting such standards
have been approved as part of a comprehensive stormwater management plan.
3. Best management practices for control of erosion and sedimentation shall be
implemented for all use and development proposals in shorelines through an
approved temporary erosion and sediment control (TESC) plan, identified in the
Stormwater Management Manual for Eastern Washington, as amended.
4. On-site sewage systems shall be located, designed and maintained to meet all
applicable water quality, utility, and health standards.
5. All building materials that may come in contact with water shall be constructed of
untreated wood, cured concrete, or steel. Materials used for decking or other
structural components shall be approved by applicable state agencies for contact
with water to avoid discharge of pollutants. Wood treated with creosote, arsenate
compounds, copper chromium arsenic or pentachlorophenol is prohibited in
shoreline water bodies.
6. Permanent stormwater management systems serving property within the shoreline
shall be designed using BMP’s ensuring water quality treatment in compliance with
the Stormwater Management Manual for Eastern Washington to prevent stormwater
runoff from degrading or adding to the pollution of recipient waters or adjacent
properties. Maintenance of storm drainage facilities on private property shall be the
responsibility of the property owner(s). This responsibility and the provision for
maintenance shall be clearly stated on any recorded subdivision, short plat, or
binding site plan map, building permit, property conveyance documents,
maintenance agreements and /or improvement plans.
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6. Shoreline use and modification policies and regulations
Sections
6.1 General shoreline use policies
6.2 General shoreline modification policies
6.3 Agriculture
6.4 Aquaculture
6.5 Boating facilities, marinas, piers, and docks
6.6 Commercial development
6.7 Dredging and dredge material disposal
6.8 Filling, grading, and excavation
6.9 Forest practices
6.10 Industrial and port development
6.11 In-stream structures
6.12 Mining
6.13 Recreation
6.14 Residential development
6.15 Shoreline stabilization
6.16 Shoreline restoration and habitat enhancement
6.17 Signs
6.18 Transportation
6.19 Utilities
6.20 Shoreline bulk and dimensional standards
6.1 General shoreline use policies
A. Policies
1. Uses and development within the shoreline jurisdiction should be consistent with the
provisions of the environment designation in which they are located and the policies
and regulations of this Program.
2. Require a shoreline conditional use permit for shoreline uses and development that
require specially tailored environmental analysis, design criteria, or consideration of
cumulative impacts and for unanticipated uses not classified in this Program.
3. New uses and developments should be set back to protect ecological function and
protect structures from flooding and channel migration hazards.
4. Avoid and reduce significant ecological impacts according to the mitigation
sequence in Section 5.2(B)(2).
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6.2 General shoreline modification policies
A. Policies
1. Allow structural shoreline modifications only where they are demonstrated to be
necessary to support or protect an allowed primary structure or a legally existing
shoreline use that is in danger of loss or substantial damage or are necessary for
reconfiguration of the shoreline for mitigation or enhancement purposes.
2. Limit the number and extent of shoreline modifications.
3. Allow only shoreline modifications that are appropriate to the specific type of
shoreline and environmental conditions for which they are proposed.
4. Assure that shoreline modifications individually and cumulatively do not result in a
net loss of ecological functions. Give preference to those types of shoreline
modifications that have a lesser impact on ecological functions. Require mitigation
of identified impacts resulting from shoreline modifications.
5. Plan for the enhancement of impaired ecological functions where feasible and
appropriate while accommodating permitted uses. As shoreline modifications occur,
incorporate all feasible measures to protect ecological shoreline functions and
ecosystem-wide processes.
6.3 Agriculture
A. Policies
1. Recognize the importance of agriculture in Kittitas County and support its continued
economic viability.
2. Allow lawfully established agricultural activities occurring on agricultural lands to
continue as they historically have. Require new agricultural activities on land not
currently used for agriculture, conversion of agricultural lands to other uses, and other
development on agricultural land that does not meet the definition of agricultural
activities (including any agricultural uses and development not specifically exempted
by Section 7.3.2) to meet shoreline requirements.
3. Use appropriate vegetation management and Natural Resources Conservation
Service conservation practices to avoid and minimize water quality impacts from
agricultural activities.
4. Encourage agricultural uses to maintain a buffer of permanent vegetation or other soil
erosion control measures between tilled areas and associated water bodies that will
restrict surface runoff, protect water quality, improve habitat and reduce siltation.
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B. Regulations
1. The applicability of shoreline review for agricultural activities shall be determined
based on WAC 173-26-020 (Definitions) and WAC 173-26-241(3)(a) (Agriculture).
Existing agricultural activities (see Section 7.2(2)), including maintenance, repair and
replacement of existing equipment and facilities (e.g., machinery, roads, buildings,
etc. see Section 7.3(3)(b)), may continue as they historically have and may include
changes in crops. New agricultural activities on land not currently in agricultural use
are subject to shoreline review. New agricultural activities, equipment, and facilities
are subject to shoreline review or exemption when applicable. The following
provisions apply to any development, construction, or use of land for agricultural
purposes.
2. New agricultural activities on lands that did not have agricultural activities in place on
the date of adoption of this Master Program; conversion of agricultural lands to non-
agricultural activities; the development of non-agricultural activities on agricultural
lands; and uses in support of agricultural activities are governed by the provisions of
this Master Program and subject to the following criteria:
a. Uses and activities shall be consistent with the environment designation;
b. Uses and activities shall be located and designed to ensure no net loss of
ecological functions;
c. Uses and activities shall not have a significant impact on other shoreline
resources and values.
3. New agricultural activities, equipment, and facilities shall utilize best management
practices established by the USDA Natural Resources Conservation Service or other
similar agency.
4. Discharge of any manure storage facility into ground or surface water is prohibited.
6.4 Aquaculture
A. Policies
1. Aquaculture is a preferred water dependent use of the shoreline when consistent with
control of pollution, avoidance of adverse impacts to the environment and preservation
of habitat for resident native species.
2. Ensure that aquaculture uses do not conflict with other water-dependent uses or
navigation, spread disease, establish non-native species that cause significant
ecological impact, or significantly impact the aesthetic qualities of the shoreline.
3. Protect spawning areas designated by the Washington State Department of Fish and
Wildlife from conflicting uses.
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4. Forms of aquaculture that involve lesser environmental and visual impacts and lesser
impacts to native plant and animal species are preferred. Projects that require either
no structures or submerged structures are preferred over those that involve
substantial floating structures. Projects that involve little or no substrate modification
are preferred over those that involve substantial modification.
5. Design, locate and operate aquaculture activities in a manner that supports long-term
beneficial use of the shoreline and protects and maintains shoreline ecological
functions and processes. Prohibit aquaculture where it would result in a net loss of
shoreline ecological functions; adversely affect the quality or extent of habitat for
native species; adversely impact other habitat conservation areas; or interfere with
navigation or other water-dependent uses.
B. Regulations
1. All structures located within water bodies shall not preclude navigability of those
waters at any time, and shall be clearly marked so as to provide no hazard to
navigation on those waters.
2. Aquaculture facilities shall avoid significant conflict with water-dependent uses, the
spreading of disease, introduction of non-native species, or impacts to shoreline
aesthetic qualities.
6.5 Boating facilities, marinas, piers, and docks
A. Policies
1. Ensure that boating facilities are located only at sites with suitable environmental
conditions, shoreline configuration, access, and neighboring uses. All marinas should
be developed and operated in accordance with all state and local requirements.
2. In planning for marina location and design, special consideration should be given to
facilities such as adequate access, parking, and restroom facilities for the public. Such
facilities should be located away from the water's edge.
3. Boating facilities should provide public physical and visual shoreline access and
provide for multiple uses, including water-related use, to the extent compatible with
shoreline ecological functions and processes and adjacent shoreline use.
4. Accessory uses at marinas or launch ramps should be limited to water-oriented uses,
or uses that provide physical or visual shoreline access for substantial numbers of the
general public.
5. Special care should be given to preventing and controlling invasive species
infestations at boat launches.
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6. Piers and docks should only be allowed for water dependent uses and public access,
except that water enjoyment and water-related uses may sometimes be included as
part of a mixed use development. New piers and docks must have a specific need and
not exceed the minimum size necessary. The joint use of piers and docks is
encouraged.
7. New piers and docks, excluding docks accessory to single-family residences, should
be permitted only when the applicant/proponent has demonstrated that a specific
need exists to support intended water-dependent or public access use.
8. A port district or other public or commercial entity involving water-dependent uses may
demonstrate a future need for a pier or dock according to WAC 173-26-231(3)(b), and
seek approval of a pier design, size, and construction.
9. New and existing docks should be designed to be fish-friendly (e.g., grating to allow
light penetration, and use of non-toxic materials).
10. The County shall prohibit the construction of private docks on all rivers except the
Columbia River.
11. Overwater structure design, construction, and use shall minimize degradation of
aquatic, near-shore, and shoreline habitats.
B. Regulations
1. For purposes of this chapter, “boating facilities” excludes docks serving four (4) or
fewer single-family residences.
2. Private docks shall be prohibited on all rivers except the Columbia River.
3. Boating facilities, marinas and extended mooring sites shall:
a. Be located and designed as not to obstruct or cause danger to normal public
navigation of water bodies;
b. Be restricted to suitable locations and should avoid locating in critical habitat
including spawning and holding areas for anadromous fish;
c. Avoid or mitigate aesthetic impacts;
d. Mitigate special impacts of live-aboard vessels, such as water and wastewater
needs, and garbage collection;
e. Limit the total number of slips dedicated to live-aboard vessels to twenty percent
(20%) of marina’s total slips;
f. Mitigate impacts to existing public access and navigation;
g. Provide documentation of ownership or authorization to use associated water
areas;
h. Demonstrate that state and local regulations will be met. Agencies responsible for
such regulations shall be consulted as to the viability of the proposed design; and
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i. Submit an operations and site plan demonstrating:
(1) Location and design of fuel handling and storage facilities to minimize
accidental spillage and protect water quality;
(2) Proper water depth and flushing action for any area considered for overnight
or long-term moorage facilities;
(3) Adequate facilities to properly handle wastes from holding tanks;
(4) Suitable environmental conditions and shoreline configuration;
(5) Adequate access located away from the immediate water's edge;
(6) Adequate parking and restroom facilities located landward of the shoreline
buffers shown in Section 5.5.B.1.
4. Boat launch ramps shall comply with Section 6.5.B.3.a, b, c, f, g, and h, and shall
meet the following:
a. Minimize the area disturbed by boat launch construction.
b. Submit an operations and site plan demonstrating:
i. Vegetation management, mowing and trimming;
ii. Litter pick-up and disposal;
iii. Appropriate directional and regulatory signs;
iv. Adequate access located away from the immediate water's edge;
v. Adequate parking and restroom facilities located landward of the shoreline
buffers shown in Section 5.5.B.1.
5. Piers, ramps, and docks permitted on lakes and the Columbia River shall meet the
following dimensional standards:
a. To prevent damage to shallow water habitat, piers and/or ramps shall extend at
least forty (40) feet perpendicular from the OHWM. Docks shall be positioned at
least forty (40) feet horizontally from the OHWM.
b. Float components for single party docks shall not exceed the dimensions of eight-
by-twenty (8-by-20)-feet or an aggregate total of one hundred sixty (160) square
feet for all float components. Float components for joint-use docks shall not exceed
the dimensions of eight-by-forty (8-by-40)-feet or an aggregate total of three
hundred twenty (320) square feet for all float components.
c. Piers and ramps shall be no more than four (4) feet in width for single or joint-use
docks. Greater widths may be permitted for community, public, or commercial
docks where use patterns can justify the increase.
d. The bottom of the pier or bottom of the landward edge of the ramp shall be
elevated at least two (2) feet above the plane of OHWM.
e. Floats shall not be located in shallow water habitat where they could ground or
impede the passage or rearing of any life stage of salmonid. Floats shall be in at
least ten (10) feet of water.
f. Grating shall cover the entire surface area of the pier, ramp, and/or float. The open
area of grating shall be at least fifty percent (50%) as rated by the manufacturer.
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g. Pier and ramp construction shall meet or exceed the standards and/or
requirements of the Washington State Departments of Ecology, Fish and Wildlife,
and Natural Resources and the United States Army Corps of Engineers.
h. Flotation materials shall be permanently encapsulated to prevent breakup into
small pieces and dispersal in water, (e.g., rectangular float tubs).
6. New pier or dock construction, excluding docks accessory to single-family residences
must demonstrate that a specific need exists to support the intended water-dependent
or public access use, for example, a market analysis showing demand for additional
pier or dock facilities.
7. New residential development of two (2) or more dwellings must provide joint-use or
community dock facilities, rather than allow individual docks for each residence,
unless documentation is provided demonstrating joint use is not feasible.
8. All piers and docks shall be designed and constructed to avoid or, if that is not
possible, to minimize and mitigate the impacts to ecological functions and critical
areas. Structures shall be made of materials that have been approved by the
Washington State Department of Fish and Wildlife.
9. Extended moorage on waters of the state is prohibited, except as allowed by
applicable state regulations and unless a lease or permission is obtained from the
state and impacts to navigation and public access are mitigated.
6.6 Commercial development
A. Policies
1. Limit commercial development to those activities that are particularly dependent
upon a shoreline location. Other commercial uses should be encouraged to locate
upland.
2. Give first preference to water-dependent commercial uses over non-water-
dependent commercial uses; and give second preference to water-related and
water-enjoyment commercial uses over non-water-oriented commercial uses. Allow
non-water-oriented commercial uses in limited situations.
3. Commercial uses located in the shoreline should provide public access unless such
improvements are demonstrated to be infeasible or present hazards to life and
property.
B. Regulations
1. Water-dependent commercial uses shall be given preference over-water-related and
water-enjoyment commercial uses. Prior to approval of water-dependent uses, the
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Administrator shall review a proposal for design, layout, and operation of the use
and shall make specific findings that the use qualifies as a water-dependent use.
2. Non-water-oriented commercial uses are prohibited in the shoreline unless the use
provides significant public benefit with respect to the objective of the Act such as
providing public access and ecological restoration, and the commercial use is:
a. Part of a mixed use project that includes a water-dependent use; or
b. Proposed on a site where navigability is severely limited.
3. Commercial development shall not result in a net loss of ecological functions that
have significant adverse impacts to other shoreline uses, resources and values,
such as navigation, recreation, and public access.
4. Public access and ecological restoration should be considered as potential
mitigation of impacts to shoreline resources and values for all water-related or water-
dependent development unless such improvements are demonstrated to be
infeasible or inappropriate.
5. Only those portions of water-dependent commercial uses that require over-water
facilities shall be permitted to locate waterward of the OHWM, provided they are
located on pilings or other open-work structures, and they are limited to the minimum
size necessary to support the structures intended use.
6. Non-water-dependent commercial uses shall not be allowed over-water except in
limited instances where they are appurtenant and necessary to support water-
dependent uses.
6.7 Dredging and dredge material disposal
A. Policies
1. Dredging material disposal on land away from the shoreline is generally preferred
over open water disposal.
2. Dredging waterward of the OHWM for the primary purpose of obtaining fill material
should not be allowed, except when the material is necessary for the restoration of
ecological functions.
3. Disposal of dredge material on shorelands or wetlands within a river’s channel
migration zone is discouraged.
B. Regulations
1. Dredging and dredge material disposal shall be done in a manner that avoids or
minimizes significant ecological impacts. Impacts that cannot be avoided should be
mitigated in a manner that assures no net loss of shoreline ecological functions.
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2. New uses and developments should be sited and designed to avoid or, where
avoidance is not possible, to minimize the need for new and/or maintenance
dredging.
3. Dredging for the purpose of establishing, expanding, relocating, or reconfiguring
navigation channels and basins shall be allowed where necessary for assuring safe
and efficient accommodation of navigational uses and then only when significant
ecological impacts are minimized and mitigated.
4. Maintenance dredging of established navigation channels and basins shall be
restricted to maintaining previously dredged and/or existing authorized locations,
depths and widths.
5. All applications for substantial development permits that include dredging shall
supply a dredging plan that includes the following information:
a. The quantity of material to be removed;
b. The method of removal;
c. Location of spoil disposal sites and measures that will be taken to protect the
environment around them; and
d. Plans for the protection and restoration of the shoreline environment during and
after dredging operations.
6. A dredging operation judged by the Administrator to be insufficient for protection or
restoration of the shoreline environment shall cause denial of a substantial
development permit.
7. Dredging in surface waters shall be allowed only where necessary because of
existing navigation needs, habitat restoration or improvement, maintenance or
construction of water-dependent uses.
8. Minor trenching to allow the installation of necessary underground pipes or cables
may be allowed if no alternative, including boring, is feasible, and:
a. Impacts to fish and wildlife habitat are avoided to the maximum extent possible;
b. The utility installation shall not increase or decrease the natural rate, extent, or
opportunity of channel migration;
c. Appropriate best management practices are employed to prevent water quality
impacts or other environmental degradation; and
d. Mitigation is implemented, as appropriate, pursuant to Section 5.2 Environmental
protections and critical areas.
9. Dredging for the purpose of obtaining fill material is prohibited, except when
permitted under Section 6.12 Mining; or when needed for a project associated with
the Model Toxics Control Act (MTCA) or the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA) habitat restoration, or any
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other significant restoration effort approved by a shoreline conditional use permit,
where placement of fill is waterward of the OHWM.
10. Dredging and excavation shall be confined to the minimum area necessary to
accomplish the intended purpose or use.
11. Hydraulic dredging or other techniques that minimize the dispersal and broadcast of
bottom materials shall be preferred over agitation forms of dredging.
12. Curtains and other appropriate mechanisms shall be used to minimize widespread
dispersal of sediments and other dredge materials.
13. Entries across shore and wetland edges to accomplish dredging or excavation shall
be confined to the minimum area necessary to gain entry and shall be confined to
locations with the least potential for site disturbance and damage.
14. Dredging and excavation shall be scheduled at times having the least impact to fish
spawning, nesting patterns, and other identified natural processes.
15. Dredge spoils are also considered fill, and shall not be deposited within the shoreline
except where such deposit is in accordance with approved procedures intended to
preserve or enhance wildlife habitat, natural drainage, or other naturally occurring
conditions.
16. Disposal of dredge material within a river’s channel migration zone shall require a
conditional use permit.
17. Dredge material disposal on land away from the shoreline is permitted under the
following conditions:
a. Shoreline ecological functions and processes will be preserved, including
protection of surface and groundwater;
b. Erosion, sedimentation, floodwaters or runoff will not increase adverse impacts to
shoreline ecological functions and processes or property; and
c. Sites will be adequately screened from view of local residents or passersby on
public right-of-ways.
6.8 Filling, grading, and excavation
A. Policies
1. Filling, grading, and excavation should be located, designed, and constructed to
protect shoreline ecological functions and ecosystem-wide processes, including
channel migration.
2. Allow normal and reasonable land grading and filling where necessary to develop a
land area for a permitted use. There should be no substantial changes made in the
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natural drainage patterns and no reduction of floodwater storage capacity that might
endanger other areas. Allow filling, grading, and excavation within the OHWM only
when necessary to support water dependent uses, public access, transportation
facilities, mitigation, restoration, enhancement, and other uses listed in 6.8.B.2.
3. In evaluating filling, grading, and excavation projects, such factors as total water
surface reduction, navigation restriction, impediment to water flow and circulation,
impediment to irrigation systems, reduction of water quality, and destruction of fish
and wildlife habitat should be examined.
4. Locate and design shoreline fills or cuts to avoid creating a hazard to adjacent life,
property, and natural resources systems, and to provide all perimeters of fills with
vegetation, retaining walls, or other mechanisms for erosion prevention.
B. Regulations
1. Filling, grading or excavation waterward of the OHWM for any use except ecological
restoration shall require a conditional use permit.
2. Fill waterward of the OHWM shall be allowed with a shoreline conditional use permit
only when necessary to support:
a. Water-dependent use;
b. Public access;
c. Cleanup and disposal of contaminated sediments as part of an interagency
environmental clean-up plan;
d. Disposal of dredged material considered suitable under, and conducted in
accordance with the dredged material management program of the
Washington State Department of Natural Resources;
e. Expansion or alteration of transportation facilities of statewide significance
currently located on the shoreline and then only upon a demonstration that
alternatives to fill are not feasible; or
f. Mitigation action, environmental restoration, or enhancement project.
3. Fill for the purpose of increasing elevation may be permitted if such can be
accomplished in a manner consistent with the policies of this SMP.
4. Fill shall be the minimum necessary to accomplish the use or purpose and shall be
confined to areas having the least impact to the stream corridor. Other alternatives
should be preferred over fill to elevate new homes in the floodplain, such as
increasing foundation height or zero-rise methods such as piers, posts, columns, or
other methods.
5. Fill in floodplains shall meet the requirements of Section 5.2 Environmental
protection and critical areas and Section 5.3 Flood hazard reduction.
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6. Pile or pier supports shall be preferred over fill for water-dependent uses and
facilities.
7. Unless site characteristics dictate otherwise, fill material within surface waters or
wetlands shall be sand, gravel, rock, or other clean material, with a minimum
potential to degrade water quality.
8. Fill placement shall be scheduled at times having the least impact to fish spawning,
nesting patterns, and other identified natural processes.
9. Fill shall be stabilized with native vegetation where appropriate to prevent erosion,
migration of sediments and other material from the fill area to surrounding water,
shore, and wetlands, unless technical consultation with other regulating agencies
indicates alternative means are required.
10. Projects that propose fill shall make every effort to acquire fill on-site (also known as
compensatory storage) where appropriate.
11. Excavation that occurs either waterward of the OHWM or within wetlands shall be
considered dredging for purposes of this Program.
12. Filling, grading or excavation shall not be located where shoreline stabilization will
be necessary to protect materials placed or removed. Disturbed areas shall be
immediately stabilized and re-vegetated, as applicable.
13. Filling, grading, and excavation shall be designed to blend physically and visually
with existing topography whenever possible, so as not to interfere with long-term
appropriate use including lawful access and enjoyment of scenery.
14. Cut and fill slopes shall generally be no steeper than one (1) foot vertical for every
three (3) feet horizontal unless a specific engineering analysis has been provided
certifying that the proposed slope is stable, and the Administrator determines that
the fill blends physically and visually with existing topography.
15. A temporary erosion and sediment control (TESC) plan, consistent with the
standards found in the Stormwater Manual for Eastern Washington, shall be
provided for all proposed filling, grading, and excavation activities.
16. Excavation and grading for the primary purpose of restoration of shoreline habitat
and the natural character of the shoreline must demonstrate the following:
a. The site is currently degraded and provides limited ecological function; and
b. The restoration project will result in a net increase in ecological function within
the project boundaries; and
c. The project complies with the provisions of Section 5.2 Environmental protection
and critical areas.
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6.9 Forest practices
A. Policies
1. Shoreline areas having well-known scenic qualities (such as those providing a
diversity of views, unique landscape contrasts, or landscape panoramas) should be
maintained as scenic views in timber harvesting areas. Timber harvesting practices,
including road construction and debris removal, should be closely regulated so that
the quality of the view and viewpoints along shorelines of statewide significance in
the region are not degraded.
2. Forest management shall proceed in accordance with regulations established by the
Washington State Forest Practices Act, including coordination with Kittitas County
on forest practice conversions and other Class IV-forest practices where there is a
likelihood of conversion to non-forest uses.
3. Ensure that timber harvesting on shorelines of statewide significance does not
exceed the limitations established in RCW 90.58.150 (regarding selective harvest
requirements), except as provided in cases where selective logging is rendered
ecologically detrimental or is inadequate for preparation of land for other uses.
4. Accomplish reforestation in shorelines as quickly as possible. Replanting should be
done with native species common to the area.
5. Forest lands should be reserved for long-term forest management and other uses
compatible with forest use.
B. Regulations
1. All federal forest practices or non-federal forest practices meeting the criteria below
shall qualify for an exemption from this Program. All forest practices qualifying for
this exemption shall demonstrate compliance by providing a copy of the federal
approval or state forest practices permit. To qualify for an exemption a non-federal
forest practice must meet the following criteria:
a. The activities includes harvest/treatment of at least five (5) acres of forestland, or
supporting such an operation;
b. All harvesting within two hundred (200) feet of the OHWM of a shoreline of
statewide significance use methods meeting RCW 90.58.150 (selective harvest),
as amended;
c. The activities are not associated with a conversion option harvest;
d. The activities are approved under a forest practices permit;
e. The activities are not associated with a harvest under a Class IV–General
application to convert forest land to non-forestry use.
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2. Non-federal forest practices not meeting criteria (a), (b), or (c) above shall require a
conditional use permit.
3. Non-federal forest practices not meeting criteria (d) above (Class 1 forest practices
activities not requiring DNR approval) shall be reviewed as separate uses or
activities.
4. Non-federal forest practices not meeting criteria (e) above shall be reviewed as a
new proposed use.
5. Within the shoreline jurisdiction, development activities associated with timber
harvest (such as road construction), land conversion of forest land to non-forest
uses, and forest practices not meeting any of the exemptions listed above must
conform to all applicable provisions of this Program.
6.10 Industrial and port development
A. Policies
1. Allocate sufficient quantities of suitable land for water-related industry. Give
preference to water-dependent industrial uses over non-water-dependent industrial
uses; and give preference to water-related industrial uses over non-water-oriented
industrial uses. Allow non-water-oriented industrial development in limited situations.
2. Industrial development shall be located, designed, or constructed in a manner that
assures no net loss of shoreline ecological functions such that it does not have
significant adverse impacts to other shoreline resources and values.
3. Discourage industries which have proven to be environmentally hazardous from
locating along the shorelines.
4. Industrial development should consider incorporating public access as mitigation for
impacts to shoreline resources and values unless public access cannot be provided
in a manner that does not result in significant interference with operations or hazards
to life or property.
5. Where industrial use is proposed for location on land in public ownership, public
access should be required.
6. Industrial development and redevelopment should be encouraged to locate where
environmental cleanup and restoration of the shoreline area can be incorporated.
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B. Regulations
1. Industrial uses are allowed subject to the policies and regulations of this Program
and the specific criteria below:
a. Water-dependent industrial uses shall be given preference over non-water
dependent industrial uses and, second, preference shall be given to water-
related industrial uses over non-water-oriented industrial uses. Prior to
approval of water-dependent uses, the Administrator shall review a proposal
for design, layout, and operation of the proposed use and shall make specific
findings that the use qualifies as water-dependent.
b. Non-water-oriented industrial uses may be permitted where located on a site
physically separated from the shoreline by another property in separate
ownership or a public right-of-way such that access for water-oriented use is
precluded. All other non-water-oriented industrial and port uses are prohibited in
the shoreline unless the use provides significant public benefit and is either
part of a mixed-use project that includes water-dependent uses; or located on
a site where navigability is severely limited.
c. Industrial development shall be located, designed, and constructed in a
manner that assures no net loss of shoreline ecological functions and such
that it does not have significant adverse impacts to other shoreline resources
and values.
2. Required setback areas shall not be used for storage of industrial equipment,
materials, or waste disposal, but may be used for outdoor recreation and public
access. Portions of side yard setbacks may be used for light motor vehicle parking if
design of such facilities is consistent with this Program.
3. Disposal or storage of solid or other industrial wastes is not permitted on shorelines.
4. When feasible, mitigation to ensure no net loss of shoreline ecological functions
should be implemented in a manner consistent with restoration opportunities
identified in the “Kittitas County Shoreline Restoration Plan.”
5. Only those portions of water-dependent industrial uses that require over-water
facilities shall be permitted to locate waterward of the OHWM, provided they are
located on pilings or other open-work structures, and they are limited to the minimum
size necessary to support the structures intended use.
6.11 In-stream structures
A. Policies
1. In-stream structures should be planned and designed to be compatible with
appropriate multiple uses of stream resources over the long-term, especially in
shorelines of statewide significance.
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2. The location and planning of in-stream structures shall give due consideration to the
full range of public interests, watershed functions and processes, and environmental
concerns, with special emphasis on protecting and restoring priority habitats and
species.
3. In-stream structures should be located, designed, constructed and maintained so
their resultant effects on geologic or hydrologic shoreline processes will not cause
damage to other properties or shoreline resources, and so that the physical integrity
of the shoreline process corridor is maintained.
4. In-stream structures shall be sited and designed consistent with appropriate
engineering principles, including, but not limited to, guidelines of the Natural
Resource Conservation Service and the U.S. Army Corps of Engineers.
5. Non-structural and non-regulatory methods to protect, enhance, and restore
shoreline ecological functions and processes and other shoreline resources should
be encouraged as an alternative to in-stream structures. Non-regulatory and non-
structural methods may include public facility and resource planning, land or
easement acquisition, education, voluntary protection and enhancement projects, or
incentive programs.
6. Planning and design of in-stream structures should be consistent with and
incorporate elements from applicable watershed management and restoration plans
and/or surface water management plans.
B. Regulations
1. Channelization projects that damage fish and wildlife resources, degrade recreation
and aesthetic resources, or result in high flood stages and velocities shall not be
permitted when feasible alternatives are available.
2. Cut-and-fill slopes and backfilled areas shall be stabilized with brush matting and
buffer strips and re-vegetated with native grasses, shrubs, or trees to prevent loss of
shoreline ecological functions and processes.
3. In-stream structures shall be constructed and maintained in a manner that does not
degrade the quality of affected waters. The jurisdictions may require reasonable
conditions to achieve this objective, such as setbacks, buffers, or storage basins.
4. Natural in-stream features such as snags, uprooted trees, or stumps should be left in
place unless it can be demonstrated that they are causing significant bank erosion or
higher flood stages, or pose an unavoidable hazard to navigation.
5. In-stream structures shall allow for natural groundwater movement and surface
runoff.
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6. A professionally engineered design is required for any proposed in-stream structure.
7. The design of all dams and the suitability of the proposed site for dam construction
shall be certified by a professional engineer licensed in the state of Washington. The
professional design shall include a maintenance schedule.
8. For all dams that are not regulated by either the Federal Energy Regulatory
Commission licensing procedures, or the Washington State Department of Ecology
reservoir permit requirements, a maintenance agreement and construction bond for
one hundred fifty percent (150%) of the cost of the structure shall be filed with the
Administrator prior to construction. The maintenance agreement shall specify who is
responsible for maintenance, shall incorporate the maintenance schedule specified
by the design engineer, shall require annual inspections by a civil engineer licensed
in the state of Washington and shall stipulate abandonment procedures which shall
include, where appropriate, provisions for site restoration.
9. No in-stream structure shall commence without having obtained all applicable
federal, state, and local permits and approvals, including but not limited to a
hydraulic project approval (HPA) from the Washington State Department of Fish and
Wildlife.
10. Shoreline modification projects shall be designed and constructed to avoid or
minimize impacts to sediment transport.
6.12 Mining
A. Policies
1. Mining and associated activities shall be designed and conducted to result in no net
loss of shoreline ecological functions and processes. Mining should not be approved
where it could interfere with shoreline ecological functions or processes or cause
irreparable damage to shoreline resources or features. Application of this policy shall
include avoidance and mitigation of adverse impacts during the course of mining and
reclamation. The determination of whether there will be no net loss of ecological
function shall be based on an evaluation of the reclamation plan required for the site
and shall consider impacts on ecological functions during operation. Preference shall
be given to mining proposals that result in the creation, restoration, or enhancement
of habitat for priority species.
2. Mineral prospecting shall be allowed according to the provisions of WAC 220-110-
200 through 220-110-206.
3. Mining should not be located on shorelines where unavoidable adverse impacts on
other users or resources taken together equal or outweigh the benefits from mining.
4. Mining should not interfere with public recreation on the shoreline.
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5. Mining should be located and operated so as to provide long-term protection of
water quality, and fish and wildlife habitats.
6. Mining, particularly surface or strip mining, should provide for timely restoration of
disturbed areas to a biologically productive, attractive semi-natural, or other useful
condition through a reclamation process consistent with regulations administered by
the Washington State Department of Natural Resources and other applicable local
standards.
7. Mining of shorelines having high value for recreation, or as fish or wildlife habitat,
should generally not be permitted.
8. Mining should only be permitted where appropriate studies and detailed operation
plans demonstrate that:
a. Fish habitat, upland habitat and water quality will not be significantly harmed;
and
b. The operation will not adversely affect geologic or hydrologic processes,
channel alignment, nor increase bank erosion or flood damage.
9. Mining operations should be located, designed, and managed so that other
appropriate uses are not subjected to substantial or unnecessary adverse impacts
from noise, vibration, odor, dust or other effects of the operation. The operator may be
required to implement measures such as buffers, limited hours, or other mitigating
measures to minimize adverse impacts.
B. Regulations
1. Mining below the OHWM of a river shall be permitted only when:
a. Removal of specified quantities of sand and gravel or other materials at specific
locations will not adversely affect the natural processes of gravel transportation
for the river system as a whole; and
b. The mining and any associated permitted activities will not have significant
adverse impacts to habitat for priority species nor cause a net loss of ecological
functions of the shoreline.
c. Determination of whether the two provisions above have been met shall be made
consistent with RCW 90.58.100(1) and WAC 173-26-201(2)(a). Such evaluation
of impacts should be appropriately integrated with relevant environmental review
requirements of SEPA (RCW Chapter 43.21C) and the SEPA rules (WAC
Chapter 197-11).
d. In considering renewal, extensions or reauthorization of gravel bar and other in-
channel mining operations in locations where they have previously been
conducted, local government shall require compliance with this subsection (1) to
the extent that no such review has previously been conducted. Where there has
been prior review, local government shall review previous determinations
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comparable to the requirements of this Section to assure compliance with this
subsection(1) under current site conditions.
e. The provisions of this Section do not apply to dredging of authorized navigation
channels when conducted in accordance with WAC 173-26-231(3)(f).
2. Mining within any channel migration zone that is within the shoreline jurisdiction shall
require a shoreline conditional use permit.
3. Mining shall not be permitted in designated fish and wildlife habitat areas except as a
part of an approved flood control program or in conjunction with a habitat restoration
or enhancement plan, provided that such activities are demonstrated to be water-
dependent. A determination of water dependency shall be based on an evaluation of
geologic factors such as the distribution and availability of mineral resources for that
jurisdiction, and a need for such mineral resources, economic, transportation, and
land use factors. This demonstration may rely on analysis or studies prepared for
purposes of comprehensive plan designations, and may be integrated with any
relevant environmental review conducted under SEPA (RCW Chapter 43.21 C), or
otherwise be shown in a manner consistent with RCW 90.58.100(1) and WAC 173-26-
201 (2)(a).
4. Application for permits for mining operations shall be accompanied by operation plans,
reclamation plans, and analysis of environmental impacts in compliance with local
ordinances and sufficient to make a determination as to whether the project will result
in net loss of shoreline ecological functions and processes during the course of mining
and after reclamation. Creation, restoration, or enhancement of habitat for priority
species and the future productivity of the site may be considered in determining no net
loss of ecological functions.
5. The designation of mineral resource lands of long-term commercial significance and
the development of mineral resource activities must demonstrate that mining is
dependent on a shoreline location, and that demand cannot reasonably be
accommodated in operations outside shoreline jurisdiction. Information required to
meet this criteria shall evaluate geologic factors such as the distribution and
availability of mineral resources and the need for such mineral resources.
6. Renewal, extension, or reauthorization of in-stream and gravel bar mining activities
requires review for compliance with WAC 173-26-241(3)(h)(ii)(D)(IV).
7. A reclamation plan that complies with the format and detailed minimum standards of
RCW 78.44 shall be included with any shoreline permit application for mining. In
reviewing reclamation plans together with permit applications, the Administrator shall
determine whether or not the plan is also consistent with this Program and other local
regulations. An inconsistent reclamation plan shall constitute sufficient grounds for
denial of a shoreline permit, provided, the applicant/proponent shall be given
reasonable opportunity to revise the plan.
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8. Subsequent use of reclaimed sites shall be consistent with the provisions of this
Program.
6.13 Recreation
A. Policies
1. Recreational development includes both commercial and public recreational
developments.
2. Recreational development should be given priority for shoreline location to the extent
that the use facilitates the public’s ability to access (visual and physical), enjoy, and
use the water and shoreline in accordance with Section 5.4 Public access.
3. Recreational uses and development should provide for the preservation and
enhancement of scenic views and vistas.
4. Ensure that recreational facilities do not interfere with the use and enjoyment of
adjacent properties by providing buffering when necessary between the recreation
development and adjacent private property.
5. Recreational uses and facilities should be designed and located to ensure no net
loss of critical areas and shoreline ecological functions.
6. Opportunities incorporating educational and interpretive information should be
pursued in design and operation of recreation facilities.
7. Where consistent with the provisions of this Program, shoreline use and
development should specifically support opportunities to increase or enhance the
following forms of recreation: boating, fishing, camping, hiking, bicycle riding,
swimming, and picnicking.
8. Commercial recreational facilities should be consistent with the provisions of Section
6.6 Commercial development.
9. Components of an approved recreational use or development that are water-
dependent or water-related may be allowed within the shoreline buffer provided that
the amount of buffer encroachment and disturbance are the minimum needed to
accommodate the water-dependent or water-related component and provided further
that the use/development:
a. Is located in pre-existing disturbed areas with low habitat value or within the
active use area;
b. Will not impact a geologically hazardous area;
c. Uses low impact development techniques to minimize adverse effects on water
quality and habitat; and
d. Complies with all other requirements of the Program.
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10. The Administrator shall determine whether and how much water-dependent or
water-related recreational development to allow in the buffer on a case-by-case
basis by considering all of the following factors:
a. The type and intensity of the proposed recreational use;
b. The size and configuration of the parcel and the ability to locate structures and
other facilities outside the buffer without significantly diminishing the recreational
experience;
c. The amount of native vegetation that would be cleared/removed;
d. The sensitivity of the aquatic habitat to the disturbances caused by the proposed
use; and
e. The ability of the proponent to offset unavoidable impacts through compensatory
mitigation on-site or at an appropriate off-site location.
B. Regulations
1. Recreational development is a priority use of the shoreline. Preference shall be
given to water-dependent uses such as fishing, swimming, and boating. Water-
related and water-enjoyment uses such as picnicking, hiking, and walking are
permitted provided they do not displace water-dependent uses and are consistent
with the specific shoreline environment. Non-water-related recreation facilities and/or
support facilities such as parking lots shall be located in upland areas.
2. Linkage of shoreline parks and public access points by means of linear access
should be encouraged.
3. Commercial and public recreation areas or facilities on the shoreline shall provide
physical or visual public access consistent with Section 5.4, Public access.
4. Commercial recreational facilities shall be consistent with the provisions of Section
6.6 Commercial development.
5. Recreational uses and facilities shall be designed and located to ensure no net loss
of critical areas and shoreline ecological functions.
6. Recreation facilities shall be designed to take maximum advantage of and enhance
the natural character of the shoreline area. The use of native plant species is
preferred over the use of plant types that need extensive maintenance and support
(mowing, pruning, irrigation, etc.).
7. Recreational facilities shall incorporate means to prevent erosion, control the amount
of runoff and prevent harmful concentrations of chemicals and sediment from
entering water bodies.
8. State-owned shorelines of the state are priority locations for wilderness beaches,
ecological study areas and other recreational activities for the general public.
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9. The location, design, and operation of recreational facilities shall be consistent with
the purpose of the environmental designation.
10. Within the natural environment, passive water-oriented recreational development,
such as primitive trails or primitive campsites, is permitted provided, topography
and native vegetation are not substantially altered. Any necessary landscaping or
site restoration shall use native or similar self-maintaining vegetation. No
permanent structures are allowed in the natural environment.
11. Recreational activities in the urban conservancy and rural conservancy environment
must be compatible with existing or proposed uses in the area and must not create a
noise, traffic, visual, or similar problem.
6.14 Residential development
A. Policies
1. Residential development shall be designed and constructed in a way that ensures
no net loss of shoreline ecological function.
2. Residential development and appurtenant structures and uses should be set back
an adequate distance from steep slope areas and shorelines vulnerable to erosion to
ensure that shoreline and/or soil stabilization structures will not be needed to protect
the residential use. (e.g., bulkheads, rip-rap or other shoreline or slope stabilization
structures.)
3. Residential development and appurtenant structures and uses should be sited in
locations sufficiently set back from flood prone areas to ensure that flood hazard
protection measures are not necessary to protect the structure.
4. Single-family residences are a priority use when planned and built in accordance
with the policies and regulations of this Program. New over-water residences,
including floating homes, are not a preferred shoreline use and should be prohibited
5. New multi-unit residential developments, including short plats and subdivisions,
should provide access (visual and physical) to the shoreline in conformance with
Section 5.4, Public access.
6. New lot creation should not create a need for new shoreline stabilization or flood
hazard reduction measures and should be consistent with the shoreline environment
designation policies and general shoreline policies.
7. Measures to conserve native vegetation should be implemented in conformance with
Section 5.2, Environmental protection and critical areas and Section 5.5 Shoreline
buffers and vegetation conservation.
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8. Whenever possible, non-regulatory methods to protect, enhance and restore
shoreline ecological functions and other shoreline resources should be encouraged
for residential development. Such methods may include resource management
planning, low impact development techniques, voluntary protection and
enhancement projects, education, and/or incentive programs.
9. Encourage residential development that provides common ownership of the
shoreline to protect views of the shoreline, provide equitable access for property
owners and to protect the natural character and functions of the shoreline consistent
with other provisions in the Master Program.
B. Regulations
1. New residential development, including lot creation, will not be approved in cases
when it can be reasonably foreseeable that the use or development would require
structural flood hazard reduction measures within the floodway during the life of the
use or development.
2. New residential development shall assure that the proposal will not require shoreline
or slope stabilization measures. Where located in a designated geologically
hazardous area, a geotechnical analysis of the site and shoreline characteristics
shall demonstrate that shoreline stabilization is unlikely to be necessary; setbacks
from steep slopes, bluffs, landslide hazard areas, seismic hazard areas, riparian
shoreline and erosion areas, shall be sufficient to protect structures during the life of
the structure; and impacts to adjacent, downslope or down-current properties are not
likely to occur during the life of the lots created.
3. New over-water residential structures, including floating homes, are prohibited.
4. New residential development shall be designed to comply with applicable setbacks,
critical area buffers, lot frontage requirements, height limits and density standards.
5. Residential development shall make provisions for vegetation conservation in
conformance with Section 5.5 Shoreline buffer and vegetation conservation.
6. Shoreline access for residential development shall incorporate access to adjacent
publicly owned shorelines or public water bodies as provided for in Section 5.4,
Public access.
6.15 Shoreline stabilization
Shoreline erosion – including erosion caused by currents, flood, wind or wave action –
is a natural phenomenon associated with properly functioning shoreline environments.
However, erosion can put existing structures and uses at risk. In some cases, shoreline
stabilization is necessary to protect existing uses and development from naturally
occurring erosion. Shoreline stabilization includes actions taken to address erosion
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impacts to property and dwellings, businesses, or structures caused by natural
processes, such as current, flood, wind, or wave action. These actions include
nonstructural and structural methods.
Nonstructural methods include building setbacks, relocation of the structure to be
protected, groundwater management, planning and regulatory measures to avoid the
need for structural stabilization.
Structural stabilization measures include:
• Vegetation enhancement;
• Anchor trees;
• Gravel placement;
• Rock revetments;
• Gabions;
• Concrete groins;
• Retaining walls and bluff walls; and
• Bulkheads.
Structural stabilization measures can be “hard” or “soft.” “Hard” structural stabilization
refers to those with solid, hard surfaces, such as concrete bulkheads, while "soft"
structural measures rely on less rigid materials, such as biotechnical vegetation
measures.
Generally, the harder the construction measure, the greater the impact on shoreline
processes, including sediment transport, geomorphology, and biological functions.
Additionally, hard structures, especially vertical walls, often create conditions that lead
to failure of the structure. Failed bulkheads and walls adversely impact beach
aesthetics, may be a safety or navigational hazard, and may adversely impact shoreline
ecological functions.
A. Policies
1. Nonstructural alternatives of stabilization should be encouraged over structural
methods, whenever possible. Such alternatives may include no action, increased
building setbacks, building relocation, drainage controls, and bioengineering, including
vegetative stabilization.
2. New structures should be located and designed to avoid the need for future shoreline
stabilization where feasible. New lots created through short plat or subdivision should
be designed to assure that future use or development on the created lots will not
require structural shoreline stabilization for reasonable use or development to occur.
3. New or expanded structural shoreline stabilization should be permitted only where
demonstrated to be necessary to protect an existing primary structure that is in
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imminent danger of loss or substantial damage, and where mitigation of impacts
would not cause a net loss of shoreline ecological functions and processes.
4. New or expanded structural shoreline stabilization for ecological enhancement,
restoration, or hazardous substance remediation projects should be allowed only
when non-structural measures, vegetation planting, or on-site drainage improvements
would be insufficient to achieve enhancement, restoration or remediation objectives.
5. Shoreline stabilization should not interfere with public access to shorelines.
6. New shoreline stabilization should not cause significant impacts to adjacent or down-
current properties.
7. Shoreline stabilization should be developed in a coordinated manner among affected
property owners and public agencies. Where erosion threatens existing uses or
developments, a comprehensive program for shoreline management should be
established.
8. Non-regulatory methods to protect, enhance, and restore shoreline ecological
functions and other shoreline resources should be encouraged for shoreline
stabilization. Non-regulatory methods may include public facility and resource
planning, technical assistance, education, voluntary enhancement and restoration
projects, or other incentive programs.
9. Materials used for construction of shore stabilization should be selected for long-term
durability, ease of maintenance, compatibility with local shore features including
aesthetic values, and flexibility for future uses.
10. All shore stabilization activities must be designed and constructed to accepted
engineering standards.
11. Breakwaters, jetties, groins, and weirs are shoreline stabilization structures, which
should be allowed only when necessary to support water-dependent uses, public
access, shoreline stabilization, or other specific public purposes, and should be
designed to protect critical areas and provide for mitigation.
B. Regulations
1. New uses and developments shall be located and designed to avoid the need for
future shoreline stabilization to the extent feasible.
2. Subdivision of land should not create lots that will require shoreline stabilization in
order for reasonable use or development to occur.
3. New uses and developments on steep slopes or bluffs shall be set back sufficiently to
ensure that shoreline stabilization is unlikely to be necessary during the life of the
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structure, as demonstrated by a geotechnical analysis.
4. New uses and developments that would require shoreline stabilization which causes
significant impacts to adjacent or down-current properties and shoreline areas shall
not be allowed.
5. New structural stabilization measures shall only be allowed for the following instances,
and then only when necessity is demonstrated based on criteria included in this
Section:
a. When necessary to protect an existing primary structure;
b. In support of new non-water-dependent development, including single-family
residence;
c. In support of new water-dependent development; and
d. To protect projects for the restoration of ecological functions or hazardous
substance remediation projects.
6. New or enlarged structural shoreline stabilization measures for an existing primary
structure, including residences, are permitted only if there is conclusive evidence,
documented by a geotechnical analysis, that the structure is in danger from shoreline
erosion caused by stream processes or waves. Normal sloughing, erosion of steep
bluffs, or shoreline erosion itself, without a scientific or geotechnical analysis, is not
demonstration of need. The geotechnical analysis shall evaluate on-site drainage
issues and address drainage problems away from the shoreline edge before
considering structural shoreline stabilization.
7. New structural stabilization for new non-water-dependent development, including
single-family residences, is permitted only if it can be demonstrated that:
a. The erosion is not being caused by upland conditions, such as the loss of
vegetation and drainage;
b. Nonstructural measures, such as placing the proposed use or development
further from the shoreline, planting vegetation, or installing on-site drainage
improvements, are not feasible or not sufficient; and
c. The need to protect primary structures from damage due to erosion is
demonstrated through a geotechnical report that states damage was caused
by natural processes, such as stream processes or waves.
8. New structural stabilization for water-dependent development is permitted only if it can
be demonstrated that:
a. The erosion is not being caused by upland conditions, such as the loss of
vegetation and drainage;
b. Nonstructural measures, planting vegetation, or installing on-site drainage
improvements, are not feasible or not sufficient; and
c. The need to protect primary structures from damage due to erosion is
demonstrated through a geotechnical report.
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9. New structural stabilization to protect projects for the restoration of ecological
functions or hazardous substance remediation projects is permitted only if it can be
demonstrated that nonstructural measures, planting vegetation, or installing on-site
drainage improvements, are not feasible or not sufficient.
10. An existing shoreline stabilization structure may be replaced with a similar structure
if there is a demonstrated need to protect primary uses or structures or public
facilities from erosion caused by stream undercutting or wave action.
11. Soft shoreline stabilization measures that provide restoration of shoreline ecological
functions may be permitted waterward of the OHWM, provided a geotechnical
analysis documents that alternative solutions are not feasible or do not provide
sufficient protection.
12. Replacement walls or bulkheads shall not encroach waterward of the OHWM or
existing structure unless the residence was occupied prior to January 1, 1992, and
there are overriding safety or environmental concerns. In such cases, the
replacement structure shall abut the existing shoreline stabilization structure.
13. All new, expanded, or replacement shoreline stabilization shall be permitted only if it
can be demonstrated that the erosion rate exceeds that which would normally occur
in a natural condition, that the measure does not interfere with fluvial hydrological
and geo-morphological processes normally acting in natural conditions, and that the
proposed measures will not result in a net loss of shoreline ecological functions.
14. For purposes of this Section, "replacement" means the construction of a new
structure to perform a shoreline stabilization function of an existing structure which
can no longer adequately serve its purpose. Additions to or increases in size of
existing shoreline stabilization measures shall be considered new structures.
15. Geotechnical reports that address the need to prevent potential damage to a primary
structure shall address the necessity for shoreline stabilization by estimating time
frames and rates of erosion and report on the urgency associated with the specific
situation. Hard armoring solutions should not be authorized except when a
geotechnical report confirms that there is a significant possibility that the primary
structure will be damaged within three (3) years as a result of shoreline erosion in
the absence of hard armoring measures, or where waiting until the need is that
immediate, would foreclose the opportunity to use measures that avoid impacts on
ecological functions. Where the geotechnical report confirms a need to prevent
potential damage to a primary structure, but the need is not as immediate as the
three (3) years, the report may still be used to justify more immediate authorization
to protect against erosion using soft measures.
16. When structural shoreline stabilization measures are demonstrated to be necessary,
the following provisions shall apply:
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a. The size of stabilization measures shall be limited to the minimum necessary.
Use measures designed to assure no net loss of shoreline ecological functions;
b. Soft approaches shall be used unless demonstrated not to be sufficient to protect
primary structures, dwellings, and businesses; and
c. Publicly financed or subsidized shoreline erosion control measures should not
restrict appropriate public access to the shoreline except where such access is
not feasible because of incompatible uses, safety, security, or harm to ecological
functions. See Section 5.4 Public access. Where feasible, incorporate ecological
restoration and public access improvements into the project.
17. Breakwaters, jetties, groins, and weirs shall:
a. Be located waterward of the OHWM and shall be allowed only where necessary
to support water-dependent uses, public access, shoreline stabilization, or other
specific public purposes; and
b. Require a conditional use permit; except for those structures installed to protect
or restore ecological functions.
18. Shoreline stabilization projects shall be designed to protect critical areas and shall
avoid and reduce significant ecological impacts by providing for mitigation according
to the sequence in Section 5.2.B.2.
19. Public access shall be required as part of publically-financed shoreline erosion
control measures.
20. Shoreline stabilization projects shall be designed and constructed to avoid or
minimize impacts to sediment transport.
6.16 Shoreline restoration and habitat enhancement
A. Policies
1. Restoration actions should improve shoreline ecological functions and processes as
well as shoreline features and should promote sustainability of sensitive and/or
regionally important plant, fish, and/or wildlife species and their habitats.
2. Restoration and enhancement of shorelines should be designed using principles of
landscape and conservation ecology and should restore or enhance chemical,
physical, and biological watershed processes that create and sustain shoreline
habitat structures and functions.
3. Provide, where feasible and desirable, restoration of degraded areas along the
shorelines of Kittitas County.
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4. Restoration should be used to complement and not take the place of the shoreline
protection strategies required by this Program to achieve the greatest overall
ecological benefit.
5. Consider opportunities to seek funding from state, federal, private and other sources
to implement planned restoration, enhancement, and acquisition projects.
6. Develop processing guidelines that will streamline the review of restoration only
projects.
7. Encourage public and private shoreline owners to promote the proliferation of native,
noninvasive wildlife, fish, and plants.
8. Ensure that long-term maintenance and monitoring of restoration sites is included in
the original permitting of the project.
9. Support voluntary and cooperative restoration efforts between local, state, and
federal public agencies, tribes, non-profit organizations, and landowners to improve
shorelines with impaired ecological functions and/or processes.
10. Restoration projects should be coordinated with applicable local public utility and
conservation districts.
11. Restoration should be integrated with and should support other natural resource
management efforts in Kittitas County.
12. Jurisdictions should coordinate with state resource agencies to develop educational
materials which promote the maintenance and restoration of shoreline functions.
Educational materials shall provide resources for a variety of scenarios and trends
occurring within the shoreline that is reflected in the inventory and analysis, such as:
the conversion of agricultural land to non-agricultural use; existing and ongoing
agricultural uses; and existing or planned residential and commercial development.
13. Encourage the agricultural industry to continue to work closely with agencies, such
as the Natural Resource Conservation Service and conservation districts, with
expertise in agricultural practices and restoration to improve degraded shoreline
functions.
14. Allow for the use of tax incentive programs, mitigation banking, restoration grants,
land swaps, or other programs, as they are developed, to encourage restoration of
shoreline ecological functions and to protect habitat for fish, wildlife, and plants.
15. Jurisdictions should pursue the development of a public benefit rating system that
provides incentives for the restoration of the shoreline.
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B. Regulations
In addition to the regulations below, shoreline restoration and habitat enhancement is
regulated though Section 5.2 Environmental protection and critical areas, Section 5.5
Shoreline buffers and vegetation conservation, and Section 5.6 Water quality,
stormwater, and nonpoint pollution.
1. Restoration shall be carried out in accordance with a County or resource agency-
approved restoration plan and in accordance with the policies and regulations of this
Program.
2. All shoreline restoration and enhancement projects shall protect the integrity of
adjacent natural resources, including aquatic habitats and water quality, and shall
not result in significant adverse changes to ecological functions, processes or
properties.
3. Restoration projects shall be monitored and maintained to ensure they achieve their
intended restoration goals. The project proponent shall assess and document each
restoration project according to the requirements prescribed by the applicable
authorizing or funding agency. The project proponent shall be responsible for
implementing corrective actions as needed to ensure the project’s ecological
benefits are sustainable over time.
4. The Administrator shall track and document shoreline restoration efforts and their
expected and actual contribution to shoreline ecological functions on a regular and
ongoing basis as part of demonstrating whether no net loss is being achieved.
5. The Administrator, at his/her discretion, may waive or reduce review fees for
shoreline enhancement projects that meet either of the following criteria, provided a
reciprocal fee agreement has been approved by the Board of County
Commissioners:
e. Sponsored projects: Restoration and enhancement projects sponsored by
Kittitas County, Washington State Department of Fish and Wildlife, Kittitas
County Conservation District, Natural Resources Conservation Service,
United States Fish and Wildlife Service, Washington State Department of
Natural Resources, Yakama Nation, Yakima Basin Fish & Wildlife Recovery
Board, Yakima Tributary Access & Habitat Program, or other public agency
approved by the Administrator which are consistent with the County
comprehensive plan or other plans adopted by the Kittitas County Board of
Commissioners.
f. Vegetation planting/removal: Planting of native vegetation or removal of non-
native species for the enhancement of a shoreline buffer or designated critical
area; provided that such activities are limited to the area being enhanced.
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6.17 Signs
A. Policies
1. Signs should be located, designed, and maintained to be visually compatible with
local shoreline scenery as seen from both land and water, especially on shorelines
of statewide significance.
2. Sign location and design should not significantly impair shoreline views or public
access.
B. Regulations
1. Signs may be permitted above the OHWM in any shoreline environment, subject to
the locally adopted signage standards.
6.18 Transportation
A. Policies
1. New public or private transportation facilities should be located inland from the
water, out of the shoreline, unless:
a. Perpendicular water crossings are required for access to authorized uses
consistent with this Program; or
b. Facilities are primarily oriented to pedestrian and non-motorized use and
provide an opportunity for a substantial number of people to enjoy shoreline
areas, and are consistent with policies and regulations in Section 5.2
Environmental protection and critical areas.
2. Transportation facilities should be located and designed to avoid public recreation
and access areas and significant natural, historic, archaeological or cultural sites.
3. Parking shall only be allowed to support authorized uses.
4. Circulation planning shall include systems for pedestrian, bicycle and public
transportation where appropriate. Circulation planning and projects should support
existing and proposed shoreline uses that are consistent with this Master Program.
5. Transportation system route planning, acquisition, and design in the shoreline
should provide space wherever possible, for compatible multiple uses such as utility
lines, pedestrian shore access or view points, or recreational trails.
6. Transportation system plans and projects within shorelines should accommodate
non-motorized traffic such as pedestrians, bicyclists, or equestrians. Space for such
uses should be encouraged along roads on shorelines and should be considered
when rights-of-way are being disposed of or abandoned.
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7. Viewpoints, parking, trails and similar improvements should be considered for
inclusion in transportation system projects in shoreline areas.
8. Public transportation routes should be located, designed, and maintained to provide
safe enjoyment of adjacent shoreline areas.
B. Regulations
1. Roads and railroads shall not be located within a designated shoreline except where
it is necessary to cross a stream corridor, or where an existing use, development,
topography, and other conditions preclude locations outside the shoreline.
a. Construction of roadways across stream corridors shall be by the most direct
route possible having the least impact to the stream corridor.
b. Roadways that must run parallel to stream or wetland edges shall be along
routes having the greatest possible distance from stream or wetland and the
least impact to the corridor.
c. Roadways within the stream corridor shall not hydrologically obstruct, cut-off, or
isolate stream corridor features.
2. Material excavated from the roadway area to achieve the design grade shall be used
as fill where necessary to maintain grade, or shall be transported outside the
shoreline.
3. Necessary fill to elevate new roadways shall not impede the normal flow of
floodwaters or cause displacement that would increase the elevation of flood waters
such that it would cause properties not in the floodplain to be flood-prone.
4. Spoil, construction waste, and other debris shall not be used as road fill or buried
within the shoreline.
5. Bridges and water crossing structures shall not constrict the stream channel or
impede the flow of the ordinary high water, sediment, and woody debris.
6. Natural stream channels and drainage ways shall be preserved through the use of
bridges for crossings, unless the use of culverts is demonstrated to be the only
technically feasible means for crossing. The use of bridges shall be the preferred
means to preserve natural streams and drainage ways. Where bridges are not
feasible, large, natural bottom culverts, multi-plate pipes and bottomless arches shall
be used.
7. The alignment and slope of culverts shall parallel and match the natural flow of
streams or drainage ways, unless doing so conflicts with subsections 1 and 2 above,
and shall be sized to accommodate the OHWM, sediment, debris and ice.
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8. Culverts for stream crossings, if needed, shall be designed according to applicable
state and federal criteria for fish passage as required by law and regulation.
9. At least one end of a wood stringer bridge shall be anchored to prevent it from being
washed away during high water.
10. Roads must be designed and constructed using established flood resistant and
design and construction methods when they may be subject to damage by
floodwaters.
11. Parking is not a preferred shoreline use and shall be allowed only as an accessory
use to an authorized primary use when no other feasible alternative exists.
12. Authorized parking areas shall be designed and constructed to minimize the visual
impact of parking facilities from the shoreline and to prevent environmental impacts
to the shoreline.
6.19 Utilities
A. Policies
1. New utility facilities should be located so as not to require extensive shoreline
protection works.
2. Utility facilities and corridors should be located so as to protect scenic views.
Whenever possible, such facilities may be placed underground, or alongside or
under bridges.
3. Utility facilities and rights-of-way should be designed to preserve the natural
landscape and to minimize conflicts with present and planned land uses.
B. Regulations
1. Utilities are services and facilities that produce, transmit, carry, store, process, or
dispose of electric power, gas, water, sewage, communications, oil, and the like. The
provisions in this Section apply to primary uses and activities, such as solid waste
handling and disposal, sewage treatment plants, pipelines and outfalls, public high-
tension utility lines on public property or easements, power generating or transfer
facilities, and gas distribution lines and storage facilities that are water-dependent.
The provisions in this Section do not apply to utility facilities accessory to an existing
use or accessory to a new use or development undergoing review by this SMP.
2. Non-water dependent utilities should be placed outside of shoreline jurisdiction
unless no other feasible option exists.
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3. All utility facilities shall be designed and located to assure no net loss of shoreline
ecological functions, preserve the natural landscape, and minimize conflicts with
present and planned land and shoreline uses while meeting the needs of future
populations in areas planned to accommodate growth. The Administrator may
require the relocation or redesign of proposed utility development in order to ensure
no net loss of ecological function.
4. Utility production and processing facilities, such as power plants and sewage or
stormwater treatment facilities, or parts of those facilities that are non-water-oriented
shall not be allowed in shoreline areas unless it can be demonstrated that no other
feasible option is available. In such cases, significant ecological impacts shall be
avoided.
5. Transmission facilities for the conveyance of services, such as power lines, cables,
and pipelines, shall be located outside of the shoreline area where feasible and
when necessarily located within the shoreline area shall assure no net loss of
shoreline ecological functions. Utilities should be located in existing rights-of-way
and corridors whenever feasible.
6. Development of pipelines and cables on shorelines, particularly those running
roughly parallel to the shoreline, and development of facilities that may require
periodic maintenance or that cause significant ecological impacts shall not be
allowed unless no other feasible option exists. When permitted, those facilities shall
include adequate provisions to protect against significant ecological impacts.
7. Restoration of ecological functions shall be a condition of new and expanded non-
water-dependent utility facilities. The Administrator or designee will consult the
provisions of this SMP and determine the applicability and extent of ecological
restoration required. The extent of ecological restoration shall be that which is
reasonable given the specific circumstances of utility development.
8. New solid waste disposal sites and facilities are prohibited. Existing solid waste
disposal and transfer facilities in shoreline jurisdiction shall not be added to or
substantially reconstructed.
9. New electricity, communications and fuel lines shall be located underground, except
where the presence of bedrock or other obstructions make such placement
infeasible or if it is demonstrated that above-ground lines would have a lesser
impact. Existing aboveground lines shall be moved underground during normal
replacement processes.
10. Transmission and distribution facilities shall cross areas of shoreline jurisdiction by a
route that has the least ecological impact to the shoreline.
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11. Utility developments shall be located and designated so as to avoid or minimize the
use of any structural or artificial shoreline stabilization or flood protection works.
12. Utility production and processing facilities shall be located outside shoreline
jurisdiction unless no other feasible option exists. Where major facilities must be
placed in a shoreline area, the location and design shall be chosen so as not to
destroy or obstruct scenic views, and shall meet no-net-loss standards.
13. All underwater pipelines transporting liquids intrinsically harmful to aquatic life or
potentially injurious to water quality are prohibited, unless no other feasible
alternative exists. In those limited instances when permitted by conditional use,
automatic shut-off valves shall be provided on both sides of the water body.
14. Filling in shoreline jurisdiction for development of utility facility or line purposes is
prohibited. Permitted crossings shall utilize pier or open pile techniques.
15. Power-generating facilities shall require a conditional use permit.
16. Clearing of vegetation for the installation or maintenance of utilities shall be kept to a
minimum and upon project completion any disturbed areas shall be restored to their
pre-project condition.
17. Telecommunication towers, such as radio and cell phone towers, are specifically
prohibited in shoreline jurisdiction.
18. Utilities that need water crossings shall be placed deep enough to avoid the need for
bank stabilization and stream/riverbed filling both during construction and in the
future due to flooding and bank erosion that may occur over time. Boring, rather than
open trenching, is the preferred method of utility water crossing.
19. Water systems for irrigation or domestic supply are permitted uses if allowable under
Washington State water laws and regulations.
6.20 Shoreline bulk and dimensional standards
A. Policies
1. Standards for density, setbacks, height, and other provisions should ensure no net
loss of shoreline ecological functions and/or processes, and should preserve the
existing character of the shoreline, consistent with the purpose of the shoreline
environment designations.
B. Regulations
1. Table 6.21-1 establishes the minimum dimensional requirements for shoreline use
development. Dimensional standards are measured on the horizontal plane, as
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applicable. Dimensional standards relating to critical areas are governed by the
provisions of Section 5.2 Environmental protection and critical areas.
2. Bulk and dimensional standards shall be coordinated with KCC Title 17, Zoning and
other Kittitas County development standards to protect the natural character of the
shoreline and ensure no net loss of shoreline ecological functions and processes
consistent with the purpose of the environment designation. In the event the
provisions of this Program conflict with provisions of federal, state or Kittitas County
regulations, the provision that is more protective of shoreline resources shall prevail,
when consistent with SMA policy.
3. No new structures within the shoreline shall exceed a height of thirty-five (35) feet
above average grade level, except as provided herein.
4. Proposals for new or expanded commercial, multi-family or mixed use structures
exceeding the thirty-five (35) foot building height limitation shall only be allowed with
a Shoreline Variance where the Administrator finds the following standards are met:
a. The proposed building shall not obstruct the view of the water for a substantial
number of residential buildings located with a view of the adjoining shoreline.
b. The applicant shall provide a view analysis identifying the properties and
structures located within the view corridor for that shoreline demonstrating the
level of obstruction represented by the proposed structure for each affected
property.
c. The view corridor shall include residential buildings located outside of the
shoreline area if it can be clearly demonstrated that the property has significant
water views.
d. To insure that the analysis is cumulative in nature, it shall include vacant existing
parcels of record as well as existing structures. Vacant parcels of record shall be
assumed to be developed with structures complying with the thirty-five (35) foot
height limitation.
e. The proposed structure shall not obstruct more than thirty percent (30%) of the
view of the shoreline enjoyed by the structures within the view corridor.
f. The structure shall be located and oriented on the subject property in a manner
that diminishes the potential view impact.
g. No side yard setbacks shall be reduced to accommodate the proposed structure.
Side yard setbacks may be increased where necessary to mitigate potential view
obstruction resulting from the proposed structure.
h. Extraordinary circumstances are demonstrated and the public interest will be
served by the proposed use or development.
5. Where permitted above ground, power poles and transmission towers are not
subject to height limits but shall not be higher than necessary to address public
safety and meet federal and state standards.
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6. The following types of development are not subject to side yard setbacks, provided
that they are constructed and maintained in a manner that minimizes adverse
impacts on shoreline functions and processes, and provided further that they comply
with all applicable regulations in Sections 5.2 Environmental protection and critical
areas and 5.5 Shoreline buffers and vegetation conservation:
a. Those portions of approved water-dependent development that require a location
waterward of the OHWM of rivers and lakes, associated wetlands and/or within
their associated buffers.
b. Underground utilities.
c. Modifications to existing development that are necessary to comply with
environmental requirements of any agency, when otherwise consistent with this
Program, provided that the Administrator determines that the facility cannot meet
the dimensional standard and accomplish the purpose for which it is intended
and the facility is located, designed, and constructed to meet specified
dimensional standards to the maximum extent feasible, and the modification is in
conformance with the provisions of Section 7.2.3 Prior development and Section
7.2.4 Non-conformance.
d. Roads, railways and other essential public facilities that must cross shorelines
and are necessary to access approved water-dependent development.
e. Stairs and walkways not greater than five (5) feet in width or eighteen (18) inches
in height above grade, except for railings.
f. An essential public facility or public utility where the Administrator determines
that no feasible alternative location will accommodate the use.
g. Shared moorages shall not be subject to side yard setbacks when located on or
adjacent to a property line shared in common by the project proponents.
7. Common line shoreline buffer: To ensure new single-family dwellings have similar,
though not necessarily equivalent, shoreline views as existing development, a
common line shoreline buffer – determined by averaging the buffers for each of the
adjacent residential dwelling units on the shoreline – may be utilized for the
development of a single-family dwelling where:
a. The lot was a legal lot of record in place on the date of adoption of this Program;
b. The lot is located adjacent to existing residential dwelling units on both adjacent
shoreline lots;
c. The lot is located within an urban growth area, planned unit development, Limited
Area of More Intense Rural Development (LAMIRD), rural recreation zoning
district, or cluster development;
d. There is less than fifteen (15) feet of elevation difference between the vacant lot
and adjacent lots and less than two hundred fifty (250) cubic yards of grade or fill
is required to accommodate use of the common line shoreline buffer; and
e. A management and mitigation plan prepared by a qualified professional shall be
submitted and approved which demonstrates no net loss of ecological functions
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for the site in conformance with Sections 5.2 Environmental protection and
critical areas and 5.5 Shoreline buffers and vegetation conservation.
8. Shoreline buffers shall comply with Sections 5.2 Environmental protection and
critical areas and 5.5 Shoreline buffers and vegetation conservation.
9. Standards which apply to impervious surface area and water quality review are
found in Section 5.6, Water quality, stormwater and nonpoint pollution.
10. Density for subdivisions, short plats, and multi-family and duplex development shall
be calculated based on the total area of the parent parcel including those areas
located outside of shoreline jurisdiction. Submerged lands within the boundaries of
any waterfront parcel that are located waterward of the OHWM shall not be used in
density calculations. The density of that portion of the parent parcel located outside
of the shoreline jurisdiction shall be limited to the density permitted by the underlying
zoning district.
11. Lot frontage: Lot frontage standards are provided in Table 6.21-1. Lot frontage
standards of underlying zoning districts and/or development standards of each
jurisdiction may be more restrictive. The most restrictive lot frontage standard shall
apply. Lot frontage refers to the minimum lot frontage for any division or exempt
parcel transfer, or parcel boundary modification permitted by a local jurisdiction on
the shoreline. Lot frontage shall be measured at right angles along a horizontal
distance, between the side lot lines, at the most landward point of the OHWM. Lot
frontage requirements are measured in feet.
12. Reduced setbacks: the building setbacks listed in Table 6.21-1 may be reduced by
twenty-five (25) percent where the applicant demonstrates that:
a. Compliance with the standard setback significantly interferes with development
potential due to the unique size, shape or natural features of the lot;
b. The design of the project is compatible with other authorized and planned uses
within the area; and
c. The project will not cause adverse impacts to the shoreline environment.
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6.21 Shoreline Bulk and Dimensional Standards Table
Table 6.21-1: Shoreline Bulk and Dimensional Standards
Shoreline Bulk and Dimensional Standards(1)
Urban Conservancy Shoreline Residential Rural Conservancy Natural Aquatic Shoreline Buffer(2) 100’ 100’ 100’ 150’ N/A
Building Setback
(measured from edge of shoreline buffer) (3) 15’ 15’ 15’ 15’ N/A
Height 35’ 35’ 35’ 35’ N/A
Maximum Impervious Surface Coverage N/A N/A 10% N/A N/A
Lot Frontage 60’ 60’ 300’ 300’ N/A
Other (density, etc.) Governed by underlying zone
Notes to Shoreline Bulk and Dimensional Standards Table:
1. Where the standards of this table conflict with the standards of the underlying zone, the standard
that is most protective of shoreline ecological function shall apply.
2. Unless common line shoreline buffer provisions of 6.20.B.7 are met.
3. Unless reduced setback provisions of 6.20.B.12 are met.
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7. Administration and procedures
Sections
7.1 Purpose
7.2 Applicability
7.3 Exemptions
7.4 Types of permits
7.5 Review authority
7.6 Review criteria
7.7 Review procedures
7.8 Appeals
7.9 Timing
7.10 Revisions
7.11 Liberal construction
7.12 Enforcement
7.13 Amendments to SMP
7.1 Purpose
The purpose of this Shoreline Management Program is to provide for the administration
and management of uses and development within the shoreline jurisdiction in a manner
consistent with RCW 90.58, the Shoreline Management Act, and other rules and
guidelines adopted by the Washington State Department of Ecology.
7.2 Applicability
1. Generally
Except when specifically exempted by statute, all proposed uses and development
occurring within shoreline jurisdiction must conform to RCW Chapter 90.58, the
Shoreline Management Act, and this master program. No substantial development shall
be undertaken on shorelines of the state without first obtaining a permit. See also
Section 1.7 Applicability.
2. Agricultural activities on agricultural lands
Nothing in this SMP shall require modification of or limit agricultural activities occurring
on agricultural lands. However, new agricultural activities on land not meeting the
definition of agricultural land, conversion of agricultural lands to other uses, and
development not meeting the definition of agricultural activities is subject to the
provisions of this SMP.
3. Prior development
The provisions of WAC 173-27-070 shall apply to substantial development undertaken
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prior to the effective date of the Act.
4. Nonconformance
a. Applicability.
i. The following provisions apply to lots, structures and uses lawfully established
prior to the effective date of this master program, or amendments thereto, which
do not conform to the current regulations or standards of this program.
ii. The following provisions do not apply to lots, structures or uses that were
unlawfully established.
b. Nonconforming lots.
i. An undeveloped lot, tract, parcel, site, or division of land located landward of the
ordinary high water mark which was established in accordance with local and
state subdivision requirements prior to the effective date of this master program
but which does not conform to the present lot size standards may be developed
as permitted by the land use regulations of the local government so long as such
development conforms to all other requirements of the applicable master
program and the act.
c. Nonconforming structures.
i. Nonconforming structures may be maintained, repaired, renovated, and
remodeled, provided such activity does not enlarge or expand the structure.
ii. Nonconforming structures may be enlarged or expanded provided that said
enlargement does not increase the extent of nonconformity by further
encroaching upon or extending into areas where construction would not be
allowed for new development.
iii. Enlarging or expanding a nonconforming non-residential structure in a manner
that increases the extent of nonconformity requires a variance.
iv. Enlarging or expanding nonconforming residential structures used for a
conforming use in a manner that increases the extent of nonconformity may be
allowed if the change is consistent with the provisions of this Program and
demonstrates no net loss of shoreline ecological functions.
v. Nonconforming single-family residences may increase their height within the
existing structural footprint up to maximum of thirty-five (35) feet without requiring
a variance.
vi. A nonconforming structure which is moved any distance must be brought into
conformance with this Program and the Act.
vii. Damaged nonconforming structures outside frequently flooded areas may be
reconstructed to those configurations existing immediately prior to the time the
development was damaged. Reconstruction of nonconforming development
located in frequently flooded areas shall comply with reconstruction regulations
contained within the Kittitas County Flood Prevention Ordinance (KCC Chapter
14.08– December 2014).
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d. Nonconforming uses.
i. Nonconforming uses may be continued consistent with their lawfully established
scale and range of uses.
ii. A structure which is being or has been used for a nonconforming use may be
used for a different nonconforming use only upon the approval of a conditional
use permit. In addition to the conditional use permit criteria of Section 7.6.3, a
conditional use permit for a change in a nonconforming use may be approved
only upon a finding that:
(a) No reasonable alternative conforming use is practical because of the
configuration of the structure and/or the property;
(b) The proposed use will be at least as consistent with the policies and
provisions of the Act and this Program and as compatible with the uses in
the area as the pre-existing use;
(c) The use or activity is enlarged, intensified, increased or altered only to the
minimum amount necessary to achieve the intended functional purpose;
(d) The structure(s) associated with the nonconforming use shall not be
expanded in a manner that increases the extent of the non-conformity,
including encroachment into areas such as setbacks, and any critical areas
and/or associated buffers where new structures, use, or development would
not be allowed;
(e) The shoreline buffer and vegetation conservation standards of this Program
are met (see Section 5.5);
(f) The change in use, remodel, or expansion will not create adverse impacts to
shoreline ecological functions and/or processes;
(g) Uses which are specifically prohibited or which would thwart the intent of the
Act or this Program shall not be authorized; and
(h) Conditions necessary to assure that the use will not become a nuisance or
a hazard have been attached to the permit.
e. Redevelopment of nonconforming rights-of-way and associated transportation
structures, such as railroad trestles, may be permitted for purposes of facilitating
the development of public trails and/or public shoreline access; provided, that such
redevelopment shall be otherwise consistent with the provisions of this Program,
including, but not limited to, the provisions for public access and no net loss of
shoreline ecological functions and processes, except as provided for in Section 7.3
of this chapter.
f. If a nonagricultural nonconforming use is discontinued for twelve (12) consecutive
months or for twelve (12) months during any two-(2)-year period, the nonconforming
rights shall expire and any subsequent use shall be conforming.
7.3 Permit exemptions
1. General provisions.
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a. Only those uses and developments that meet the precise terms of one (1) or more of
the listed exemptions may be granted exemption from the substantial development
permit process.
b. An exemption from the substantial development permit process is not an exemption
from compliance with the Act or Master Program or from any other regulatory
requirements.
c. The burden of proof that a development or use is exempt from the permit process is
on the applicant.
d. If any part of a proposed use or development is not eligible for exemption, then a
substantial development permit is required for the entire proposal.
e. Conditions may be attached to the approval of exempted uses or developments as
necessary to assure consistency of the project with the Act and the Master Program.
2. Developments exempt from shoreline substantial development permitting process.
Subject to the general provisions above, exempt activities include those set forth in
WAC 173-27-040(2) and RCW 90.58.030, as amended:
a. Any use or development of which the total cost or fair market value, whichever is
higher, does not exceed six thousand four hundred sixteen dollars ($6,416), if such
use or development does not materially interfere with the normal public use of the
water or shorelines of the state. The dollar threshold established in this subsection
will be adjusted for inflation by the office of financial management every five (5)
years, according to WAC 173-27-040(2)(a). For purposes of determining whether or
not a permit is required, the total cost or fair market value shall be based on the
value of development that is occurring on shorelines of the state as defined in RCW
90.58.030 (2)(c). The total cost or fair market value of the development shall include
the fair market value of any donated, contributed or found labor, equipment or
materials.
b. Normal maintenance or repair of existing structures or developments, including
damage by accident, fire or elements. "Normal maintenance" includes those usual
acts to prevent a decline, lapse, or cessation from a lawfully established condition.
"Normal repair" means to restore a development to a state comparable to its original
condition including, but not limited to, its size, shape, configuration, location and
external appearance, within a reasonable period after decay or partial destruction,
except where repair causes substantial adverse effects to shoreline resource or
environment. Replacement of a structure or development may be authorized as
repair where such replacement is the common method of repair for the type of
structure or development and the replacement structure or development is
comparable to the original structure or development including, but not limited to, its
size, shape, configuration, location and external appearance and the replacement
does not cause substantial adverse effects to shoreline resources or environment.
c. Construction of the normal protective bulkhead common to single-family residences.
A "normal protective" bulkhead includes those structural and nonstructural
developments installed at or near, and parallel to, the OHWM for the sole purpose of
protecting an existing single-family residence and appurtenant structures from loss
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or damage by erosion. A normal protective bulkhead is not exempt if constructed for
the purpose of creating dry land. When a vertical or near vertical wall is being
constructed or reconstructed, not more than one (1) cubic yard of fill per one (1) foot
of wall may be used as backfill. When an existing bulkhead is being repaired by
construction of a vertical wall fronting the existing wall, it shall be constructed no
further waterward of the existing bulkhead than is necessary for construction of new
footings. When a bulkhead has deteriorated such that an OHWM has been
established by the presence and action of water landward of the bulkhead, then the
replacement bulkhead must be located at or near the actual OHWM. Bioengineered
erosion control projects may be considered a normal protective bulkhead when any
structural elements are consistent with the above requirements and when the project
has been approved by the Washington State Department of Fish and Wildlife.
d. Emergency construction necessary to protect property from damage by the
elements. An "emergency" is an unanticipated and imminent threat to public health,
safety, or the environment which requires immediate action within a time too short to
allow full compliance with this chapter. Emergency construction does not include
development of new permanent protective structures where none previously existed.
Where new protective structures are deemed by the Administrator to be the
appropriate means to address the emergency situation, upon abatement of the
emergency situation the new structure shall be removed or any permit which would
have been required, absent the emergency, obtained, pursuant to RCW Chapter
90.58 and this Master Program. All emergency construction shall be consistent with
the policies of RCW Chapter 90.58 and this Master Program. As a general matter,
flooding or other seasonal events that can be anticipated and may occur but that are
not imminent are not an emergency.
e. Construction and practices normal or necessary for farming, irrigation, and ranching
activities, including agricultural service roads and utilities on shorelands,
construction of a barn or similar agricultural structure, and the construction and
maintenance of irrigation structures including, but not limited to, head gates,
pumping facilities, and irrigation channels. Provided that a feedlot of any size; all
processing plants; other activities of a commercial nature; alteration of the contour of
the shorelands by leveling or filling other than that which results from normal
cultivation; shall not be considered normal or necessary farming or ranching
activities. A feedlot shall be an enclosure or facility used or capable of being used for
feeding livestock hay, grain, silage, or other livestock feed, but shall not include land
for growing crops or vegetation for livestock feeding and/or grazing, nor shall it
include normal livestock wintering operations. See definition of “feedlot” at Section
2.37.
f. Construction or modification of navigational aids such as channel markers and
anchor buoys.
g. Construction on shorelands by an owner, lessee or contract purchaser of a single-
family residence for their own use or for the use of their family, which residence does
not exceed a height of thirty-five (35) feet above average grade level and which
meets all requirements of the County, other than requirements imposed pursuant to
RCW Chapter 90.58. "Single-family residence" means a detached dwelling designed
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for and occupied by one (1) family including those structures and developments
within a contiguous ownership which are a normal appurtenance. An "appurtenance"
is necessarily connected to the use and enjoyment of a single-family residence and
is located landward of the OHWM and the perimeter of a wetland. Normal
appurtenances include a garage, deck, driveway, utilities, fences, installation of a
septic tank and drainfield, and grading which does not exceed two hundred fifty
(250) cubic yards and which does not involve placement of fill in any wetland or
waterward of the OHWM. Construction authorized under this exemption shall be
located landward of the OHWM.
h. Construction of a dock, including a community dock, designed for pleasure craft only
for the private non-commercial use of the owner, lessee, or contract purchaser of
single-family and multi-family residences. A dock is a landing and moorage facility
for watercraft and does not include recreational decks, storage facilities or other
appurtenances. This exception applies if the fair market value of the dock does not
exceed ten thousand dollars ($10,000); but if subsequent construction having a fair
market value exceeding two thousand five hundred dollars ($2,500) occurs within
five (5) years of completion of the prior construction, the subsequent construction
shall be considered a substantial development for the purpose of this chapter.
i. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or
other facilities that now exist or are hereafter created or developed as a part of an
irrigation system for the primary purpose of making use of system waters including
return flow and artificially stored groundwater from the irrigation of lands.
j. The marking of property lines or corners on state-owned lands, when such marking
does not significantly interfere with normal public use of the surface of the water.
k. Operation and maintenance of any system of dikes, ditches, drains, or other facilities
existing on September 8, 1975, which were created, developed, or utilized primarily
as a part of an agricultural drainage or diking system.
l. Any project with a certification from the governor pursuant to RCW Chapter 80.50.
m. Site exploration and investigation activities that are prerequisite to preparation of an
application for development authorization under WAC 173-27-040(2), when all of the
following conditions are met:
i. The activity does not interfere with the normal public use of the surface waters;
ii. The activity will have no significant adverse impact on the environment including,
but not limited to, fish; wildlife; fish or wildlife habitat; water quality; and aesthetic
values;
iii. The activity does not involve the installation of any structure, and upon
completion of the activity, the vegetation and land configuration of the site are
restored to conditions existing before the activity; and
iv. A private entity seeking development authorization under this Section first posts
a performance bond or provides other evidence of financial responsibility to the
local jurisdiction to ensure that the site is restored to preexisting conditions.
n. The process of removing or controlling aquatic noxious weeds, as defined in RCW
17.26.020, through the use of an herbicide or other treatment methods applicable to
weed control that are recommended by a final environmental impact statement
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published by the Washington State Department of Agriculture or the Washington
State Department of Ecology jointly with other state agencies under RCW Chapter
43.21C; recommended under RCW Chapter 43.21C.
o. Watershed restoration projects as defined herein. The County shall review the
projects for consistency with the Shoreline Master Program in an expeditious
manner and shall issue its decision along with any conditions within forty-five (45)
days of receiving all materials necessary to review the request for exemption from
the applicant. No fee may be charged for accepting and processing requests for
exemption for watershed restoration projects as used in this Section.
i. "Watershed restoration project" means a public or private project authorized by
the sponsor of a watershed restoration plan that implements the plan or a part of
the plan and consists of one or more of the following activities:
(a) A project that involves less than ten (10) miles of stream reach, in which
less than twenty-five (25) cubic yards of sand, gravel, or soil is removed,
imported, disturbed or discharged, and in which no existing vegetation is
removed except as minimally necessary to facilitate additional plantings;
(b) A project for the restoration of an eroded or unstable stream bank that
employs the principles of bioengineering, including limited use of rock as a
stabilization only at the toe of the bank, and with primary emphasis on
using native vegetation to control the erosive forces of flowing water; or
(c) A project primarily designed to improve fish and wildlife habitat, remove or
reduce impediments to migration of fish, or enhance the fishery resource
available for use by all of the citizens of the state; provided that any
structure, other than a bridge or culvert or instream habitat enhancement
structure associated with the project, is less than two hundred (200)
square feet in floor area and is located above the OHWM of the stream.
ii. "Watershed restoration plan" means a plan, developed or sponsored by the
Washington State Departments of Fish and Wildlife, Ecology, Natural Resources,
and Transportation (WSDOT); a federally recognized Indian tribe acting within
and pursuant to its authority; a city; a county; or a conservation district that
provides a general program and implementation measures or actions for the
preservation, restoration, re-creation, or enhancement of the natural resources,
character, and ecology of a stream, stream segment, drainage area, or
watershed for which agency and public review has been conducted pursuant to
RCW Chapter 43.21C, the state Environmental Policy Act.
p. A public or private project that is designed to improve fish or wildlife habitat or fish
passage, when all of the following apply:
i. The project has been approved in writing by the Washington State Department
of Fish and Wildlife;
ii. The project has received hydraulic project approval by the Washington State
Department of Fish and Wildlife pursuant to RCW Chapter 77.55; and
iii. The County determines that the project is substantially consistent with the
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Shoreline Master Program. The County shall make such determination in a
timely manner and provide it by letter to the project proponent.
iv. Fish habitat enhancement projects that conform to the provisions of RCW
77.55.181 are determined to be consistent with local shoreline Master
Programs, as follows:
(a) In order to receive the permit review and approval process created in this
Section, a fish habitat enhancement project must meet the criteria under
p.iv(a)(1) and (2) of this subsection:
(1) A fish habitat enhancement project must be a project to accomplish
one or more of the following tasks:
(i) Elimination of human-made fish passage barriers, including
culvert repair and replacement;
(ii) Restoration of an eroded or unstable stream bank employing
the principle of bioengineering, including limited use of rock as a
stabilization only at the toe of the bank, and with primary
emphasis on using native vegetation to control the erosive
forces of flowing water; or
(iii) Placement of woody debris or other instream structures that
benefit naturally reproducing fish stocks.
The Washington State Department of Fish and Wildlife shall
develop size or scale threshold tests to determine if projects
accomplishing any of these tasks should be evaluated under the
process created in this Section or under other project review
and approval processes. A project proposal shall not be
reviewed under the process created in this Section if the
Washington State Department of Ecology determines that the
scale of the project raises concerns regarding public health and
safety; and
(2) A fish habitat enhancement project must be approved in one of the
following ways:
(i) By the Washington State Department of Fish and Wildlife
pursuant to RCW Chapter 77.95 or 77.100;
(ii) By the sponsor of a watershed restoration plan as provided in
RCW Chapter 89.08;
(iii) By the Washington State Department of Ecology as a WDFW -
sponsored fish habitat enhancement or restoration project;
(iv) Through the review and approval process for the Jobs for the
Environment Program;
(v) Through the review and approval process for conservation
district-sponsored projects, where the project complies with
design standards established by the Conservation
Commission through interagency agreement with the U. S.
Fish and Wildlife Service and the Natural Resource
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Conservation Service;
(vi) Through a formal grant program established by the Legislature
or the W ashington State Department of Fish and Wildlife for
fish habitat enhancement or restoration; and
(vii) Through other formal review and approval processes
established by the Legislature.
(b) Fish habitat enhancement projects meeting the criteria of p.iv.A of this
subsection are expected to result in beneficial impacts to the
environment. Decisions pertaining to fish habitat enhancement projects
meeting the criteria of p.iv.A of this subsection and being reviewed and
approved according to the provisions of this Section are not subject to
the requirements of RCW 43.21C.030 (2)(c).
(c) A hydraulic project approval (HPA) permit is required for projects that
meet the criteria of p.iv.A of this subsection and are being reviewed and
approved under this Section. An applicant shall use a joint aquatic
resource permit (JARPA) application form developed by the Office of
Regulatory Assistance to apply for approval under this chapter. On the
same day, the applicant shall provide copies of the completed
application form to the Washington State Department of Fish and Wildlife
and to each appropriate local government agency. Local governments
shall accept the application as notice of the proposed project. The
Washington State Department of Fish and Wildlife shall provide a fifteen-
(15)-day comment period during which it will receive comments
regarding environmental impacts. Within forty-five (45) days, the
Washington State Department of Ecology shall either issue a permit,
with or without conditions, deny approval, or make a determination that
the review and approval process created by this Section is not
appropriate for the proposed project. Ecology shall base this
determination on identification during the comment period of adverse
impacts that cannot be mitigated by the conditioning of a permit. If
Ecology determines that the review and approval process created by this
Section is not appropriate for the proposed project, Ecology shall notify
the applicant and the appropriate local governments of its determination.
The applicant may reapply for approval of the project under other review
and approval processes. Any person aggrieved by the approval, denial,
conditioning, or modification of a permit under this Section may formally
appeal the decision to the Hydraulic Appeals Board pursuant to the
provisions of this chapter.
(d) The County may not require permits or charge fees for fish habitat
enhancement projects that meet the criteria of p.iv.A of this subsection
and that are reviewed and approved according to the provisions of this
Section.
3. Letter of exemption.
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a. General. A letter of exemption is required for all requests for exemption from a
shoreline substantial development permit to ensure the proposal complies with the
regulations of this SMP, except for emergency development pursuant to WAC 173-
27-040(2)(d) and those uses and developments specifically allowed without a letter
of exemption in Section 5.5.B.
b. Application. Any person claiming exemption from the substantial development
permit requirements shall submit an application for such an exemption in the manner
prescribed by the Shoreline Administrator. Applications shall include, at a minimum:
a summary of the proposed development project; identification of the specific
exemption provisions from WAC 173-27-040 that applies to the proposal; and a
description of how the proposal will comply with the applicable policies and
regulations of this Shoreline Master Program.
c. Letter of exemption. Kittitas County shall prepare a letter of exemption, addressed
to the applicant and the Washington State Department of Ecology, whenever a
proposal is determined to be exempt from the substantial development permit
requirements. The letter of exemption must indicate the specific exemption
provision from WAC 173-27-040 that is applicable to the proposal and provide a
summary of the consistency of the proposal with the regulations of this SMP.
d. Watershed restoration projects. This Section applies to a letter of exemption for a
watershed restoration project pursuant to WAC 173-27-040 or subject to one or
more of the following federal permits: U.S. Army Corps of Engineers Section 10
permit under the Rivers and Harbors Act of 1899 (generally applicable to any project
occurring on or over navigable waters); or Section 404 permit under the Federal
Water Pollution Control Act of 1972 (generally applicable to any project which may
involve discharge of dredge or fill material to any water or wetland area).
i. The letter of exemption must indicate the specific exemption provision from
WAC 173-27-040 that is applicable to the proposal and provide a summary of
the consistency of the proposal with the regulations of this SMP.
ii. Watershed restorations projects must be reviewed in an expeditious manner
and an exemption decision, together with any conditions, must be issued within
forty-five (45) days of receiving all materials necessary to review the request for
exemption. No fee may be charged for accepting and processing requests for
exemption for watershed restoration projects as used in this Section.
4. Programmatic statements of exemption.
a. Applicability. Programmatic statements of exemption may be issued for activities
exempt under the provisions of subsection 7.3.2 above that:
i. Are repetitive and part of a maintenance program or other similar program;
ii. Have the same or similar identifiable impacts each time the activity is repeated at
all sites covered by the programmatic statement of exemption; and
iii. Are suitable to having standard conditions that will apply to any and all sites.
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b. Conditions. A programmatic statement of exemption shall not be issued until
appropriate conditions, if needed, are developed and approved. Conditions shall
apply uniformly to each activity authorized and all locations covered by the
programmatic statement of exemption. Conditions may include specifications for the
frequency, method and contents of periodic status reports.
c. Revisions. The programmatic statement of exemption may be modified or withdrawn
if the Shoreline Administrator determines that:
i. The programmatic statement of exemption or activities authorized under the
statement of exemption no longer comply with law;
ii. The programmatic statement of exemption does not provide adequate regulation
of the activity;
iii. The conditions or the manner in which the conditions are implemented are not
adequate to protect against the impacts resulting from the activity.
d. Expiration. Programmatic exemptions shall expire 5 years after the date of issuance
if a shorter expiration period is not specified in the exemption approval.
7.4 Types of permits
1. Substantial development permits: All substantial development undertaken on
shorelines of the state requires a permit to ensure consistency with the policies of
RCW 90.58.020 and the Master Program.
2. Variances: The purpose of a variance permit is strictly limited to granting relief from
specific bulk, dimensional or performance standards set forth in the applicable
Master Program where there are extraordinary circumstances relating to the physical
character or configuration of property such that the strict implementation of the
Master Program will impose unnecessary hardships on the applicant or thwart the
policies set forth in RCW 90.58.020. When a use or development is proposed that
does not comply with the bulk, dimensional and performance standards of the
Master Program, such use or development can only be authorized by approval of a
variance.
3. Conditional uses: The purpose of a conditional use permit is to provide a system
within the Master Program which allows flexibility in the application of use
regulations in a manner consistent with the policies of RCW 90.58.020. Uses which
are classified or set forth in the applicable Master Program as conditional uses may
be authorized with a conditional use permit. Other uses which are not classified or
set forth in the applicable Master Program may be authorized as conditional uses
provided the applicant can demonstrate consistency with the requirements of this
Section and the requirements for conditional uses contained in the Master Program.
Uses which are specifically prohibited by the Master Program may not be authorized
as conditional uses.
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7.5 Review authority
1. Administrator: The Administrator or his/her designee shall have the authority to
review and approve, deny, or approve with conditions, applications for the following:
a. Letters of exemption;
b. Shoreline substantial development permits;
c. Revisions to substantial development permits; and
d. Requests for timing extensions.
2. Hearing Examiner: The Hearing Examiner or his/her designee shall have the
authority to review and make initial local County approval, denial, or approval with
conditions for the following:
a. Shoreline conditional use permits; and
b. Shoreline variances.
3. Board of County Commissioners: The Board of County Commissioners or their
designee shall have the authority to:
a. Review and approve, deny, or approve with conditions, applications for shoreline
substantial development permits that are included in consolidated permit
applications that are subject to Board review and action.
b. Review and make initial local County approval, denial, or approval with
conditions for shoreline conditional use permits and shoreline variances that are
in consolidated permit applications that are subject to Board review and action.
c. Acquire lands and easements within shorelines of the state by purchase, lease,
or gift, either alone or in concert with other governmental entities, when
necessary to achieve implementation of the Master Program;
d. Accept grants, contributions, and appropriations from any agency, public or
private, or individual for the purposes of the Master Program;
e. Appoint advisory committees to assist in carrying out the purposes of the Master
Program;
f. Contract for professional or technical services required by the Master Program
which cannot be performed by its employees;
g. Adopt moratoria or other interim official controls necessary to implement SMP, in
accordance with RCW 90.58.590 as amended; and
h. Take other actions as deemed appropriate.
4. Washington State Department of Ecology: The Washington State Department of
Ecology shall be responsible for the final approval, denial, or approval with
conditions for the following:
a. Shoreline conditional use permits and revisions to same; and
b. Shoreline variances and revisions to same.
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7.6 Review criteria
1. All development permits. As provided in Section 6.20, no permit shall be issued for
any new or expanded building or structure of more than thirty-five (35) feet above
average grade level on shorelines of the state that will obstruct the view of a
substantial number of residences on areas adjoining such shorelines unless
overriding considerations of the public interest will be served.
2. Substantial development permits. A substantial development permit shall be granted
only when the applicant demonstrates all of the following:
a. That the proposal is consistent with the policies and procedures in RCW Chapter
90.58 and WAC Chapter 173-27;
b. That the proposal is consistent with the policies and procedures of the Master
Program; and
c. That the proposal has been appropriately conditioned where necessary to assure
consistency of the project with the Act and the local Master Program.
3. Conditional use permits. Uses which are classified are set forth in Table 4.9-1 as
conditional uses, or unclassified uses not specifically prohibited, may be authorized
as a conditional use provided that the applicant demonstrates all of the following:
a. That the proposed use is consistent with the policies of RCW 90.58.020 and the
Master Program;
b. That the proposed use will not interfere with the normal public use of public
shorelines;
c. That the proposed use of the site and design of the project is compatible with
other authorized uses within the area and with uses planned for the area under
the comprehensive plan and SMP;
d. That the proposed use will cause no significant adverse effects to the shoreline
environment in which it is to be located;
e. That the public interest suffers no substantial detrimental effect;
f. That if conditional use permits were granted for other developments in the area
where similar circumstances exist, the cumulative impact of such uses would
remain consistent with the policies of RCW 90.58.020 and not produce
substantial adverse effects to the shoreline environment.
g. That the proposed use has been appropriately conditioned to prevent
undesirable effects of the proposed use and to assure consistency of the project
with the Act and the local Master Program.
h. When converting from one nonconforming use to a different nonconforming use,
the applicant must demonstrate that no reasonable alternative conforming use is
practical and that the proposed use will be at least as consistent with the policies
and provisions of the Act and the Master Program and as compatible with the
uses in the area as the pre-existing use.
4. Variance.
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a. General provisions. Variance permits should be granted in circumstances where
denial of the permit would result in a thwarting of the policy enumerated in RCW
90.58.020. In all instances the applicant must demonstrate that extraordinary
circumstances shall be shown and the public interest shall suffer no substantial
detrimental effect. Variances from the use regulations of the Master Program are
prohibited.
b. Review criteria for all variances. Variance permits for uses and/or development
that will be located landward of the OHWM and/or landward of any wetland may
be authorized provided the applicant can demonstrate all of the following:
i. That the strict application of the bulk, dimensional or performance
standards set forth in the applicable Master Program precludes, or
significantly interferes with, reasonable use of the property;
ii. That the hardship is specifically related to the property, and is the result of
unique conditions such as irregular lot shape, size, or natural features and
the application of the Master Program, and not, for example, from deed
restrictions or the applicant's own actions;
iii. That the design of the project is compatible with other authorized uses
within the area and with uses planned for the area under the
comprehensive plan and SMP and will not cause adverse impacts to the
shoreline environment;
iv. That the variance will not constitute a grant of special privilege not enjoyed
by the other properties in the area;
v. That the variance requested is the minimum necessary to afford relief;
vi. That the public interest will suffer no substantial detrimental effect; and
vii. That the cumulative impact of additional requests for variances in the area
where similar circumstances exist would not produce substantial adverse
effects to the shoreline environment.
c. Additional review criteria for variances waterward of the OHWM. In addition to
the criteria established under subsection 4.b above, applicants for variance
permits for uses and/or development that will be located waterward of the OHWM
must also demonstrate:
i. That the strict application of the bulk, dimensional or performance
standards set forth in the applicable Master Program precludes all
reasonable use of the property; and
ii. That the public rights of navigation and use of the shorelines will not be
adversely affected.
7.7 Review procedures
1. Generally. The general procedural requirements of the County shall apply to
shoreline permits except where this chapter is more restrictive or specific, in which
case the provision of this chapter shall apply.
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2. Complete application. The Administrator shall issue a determination of
completeness, upon finding that the following required information has been
submitted with an application for a substantial development, conditional use, or
variance permit:
a. A site development plan consisting of maps and elevation drawings, drawn to an
appropriate scale to depict clearly all required information, photographs and text
which shall include:
i. The boundary of the parcel(s) of land upon which the use or development is
proposed;
ii. The OHWM of all water bodies located adjacent to or within the boundary of
the project. This may be an approximate location provided, that for any use
or development where a determination of consistency with the applicable
regulations requires a precise location of the OHWM, the mark shall be
located precisely and the biological and hydrological basis for the location
as indicated on the plans shall be included in the development plan. Where
the OHWM is neither adjacent to or within the boundary of the project, the
plan shall indicate the distance and direction to the nearest OHWM of a
shoreline;
iii. Existing and proposed land contours. The contours shall be at intervals
sufficient to accurately determine the existing character of the property and
the extent of proposed change to the land that is necessary for the use or
development. Areas within the boundary that will not be altered by the use
or development may be indicated as such and contours approximated for
that area;
iv. A delineation of all wetland areas that will be altered or used as a part of the
proposal;
v. A general indication of the character of vegetation found on the site;
vi. The dimensions and locations of all existing and proposed structures and
improvements including, but not limited to: buildings, paved or graveled
areas; roads; utilities; septic tanks and drainfields; material stockpiles or
surcharge; and stormwater management facilities;
vii. Where applicable, scaled elevation drawings of all proposed structures
including location of the OWHM;
viii. Where applicable, a landscaping plan for the project;
ix. Where applicable, plans for use and development of areas on or off the site
as mitigation for impacts associated with the proposed project shall be
included and contain information consistent with the requirements of this
Section;
x. Quantity, source, and composition of any fill material that is placed on the
site whether temporary or permanent;
xi. Quantity, composition, and destination of any excavated or dredged
material;
xii. A vicinity map showing the relationship of the property and proposed use or
development to roads, utilities, and existing uses and developments on
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adjacent properties;
xiii. Where applicable, a depiction of the impacts to views from existing
residential uses and public areas; and
xiv. On all Variance Permit applications the plans shall clearly indicate where
use and/or development could occur without approval of a variance, the
physical features and circumstances on the property that provide a basis for
the request, and the location of adjacent structures and uses.
3. Concurrent submittals. When a substantial development permit and a conditional
use or variance permit are required for a proposal, the submittal on the permits shall
be made concurrently.
4. Notice.
a. Required. The Administrator shall notify the public, the Washington State
Department of Ecology, the Yakama Nation, other agencies with jurisdiction as
well as individuals and organizations that have requested notice in writing of
applications for a shoreline management substantial development, conditional
use, or variance permit.
b. Timing. Notice of application shall be provided within fourteen (14) days after the
determination of completeness.
c. When an open record hearing is required. If an open record pre-decision hearing
is required for the requested project permits, the notice of application shall be
provided at least fifteen (15) days prior to the open record hearing.
d. Contents. The notice shall include:
i. The date of application; the date of the notice of completion for the
application; and the date of the notice of application;
ii. A description of the proposed project action and a list of the project permits
included in the application and, if applicable, a list of any studies requested;
iii. The identification of other permits not included in the application to the
extent known by the local government;
iv. The identification of existing environmental documents that evaluate the
proposed project, and, if not otherwise stated on the document providing the
notice of application, such as a land use bulletin, the location where the
application and any studies can be reviewed;
v. A statement of the public comment period, which shall be not less than thirty
(30) days following the date of notice of application, and statements of the
right of any person to comment on the application, receive notice of and
participate in any hearings, request a copy of the decision once made, and
any appeal rights. A local government may accept public comments at any
time prior to the closing of the record of an open record pre-decision
hearing, if any, or, if no open record pre-decision hearing is provided, prior
to the decision on the project permit;
vi. The date, time, place, and type of hearing, if applicable and scheduled at
the date of notice of the application;
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vii. A statement of the preliminary determination, if one has been made at the
time of notice, of those development regulations that will be used for project
mitigation and of consistency; and
viii. Any other information determined appropriate by the local government.
e. Method. The notification system shall assure that notice to the general public
and property owners in the vicinity of such application is given by at least one of
the following methods:
i. Mailing of the notice to the latest recorded real property owners as shown
by the records of the county assessor within at least five hundred (500) feet
of the boundary of the property upon which the use or development is
proposed; or
ii. Posting of the notice in a conspicuous manner on the property upon which
the project is to be undertaken.
5. Review and decision. The appropriate review authority identified in Section 7.5 shall
review applications for compliance with review criteria in Section 7.6 and either
approve, deny, or approve with conditions. In the case of shoreline conditional use
and variance permits, the decision shall serve as a recommendation to the
Washington State Department of Ecology, which is responsible for the final decision
on shoreline conditional use permits and variances.
6. Submittal to the Washington State Department of Ecology:
a. Required submittal. All applications for a permit or a permit revision shall be
submitted to the Washington State Department of Ecology upon a final decision
by local government, pursuant to WAC 173-27-130.
b. Modified project. When the project has been modified in the course of the review
proceeding, plans or text shall be provided to the local government that clearly
indicate the final approved plan, and the local government shall reissue the
permit accordingly and submit a copy of the reissued permit and supporting
documents consistent with Section 7.7.6 to the Washington State Department of
Ecology for completion of the file on the permit. The purpose of this provision is
to assure that the local and Ecology files on the permit are complete and
accurate and not to provide a new opportunity for appeal of the permit.
c. Conditional use permits and variances. Shoreline Conditional Use Permits and
Variances shall be transmitted to the Washington State Department of Ecology
for final approval, denial, or approval with conditions.
7.8 Appeals
Any person aggrieved by the granting, denying, or rescinding of a permit on shorelines
of the state may seek review from the shorelines hearings board by filing a petition for
review within twenty-one (21) days of the date of filing of the decision, pursuant to RCW
90.58.180.
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7.9 Timing
1. Applicability. The time requirements of this Section shall apply to all Substantial
Development Permits and to any development authorized pursuant to a Variance or
Conditional Use Permit.
2. Effective date. The effective date of a Substantial Development Permit shall be the
date of filing as provided in RCW 90.58.140(6).
3. Commencement. Construction activities associated with a shoreline permit are not
authorized and shall not begin until twenty-one (21) days from the date of filing or
until all review proceedings initiated within twenty-one (21) days from the date of
such filing have been terminated. Construction activities, or the use or activity where
no construction activities are involved, shall be commenced within two (2) years of
the effective date of a Substantial Development Permit.
4. Expiration. Authorization to conduct development activities shall terminate five (5)
years after the effective date of a shoreline permit, unless extended in accordance
with the provisions below.
5. Extension. The Administrator may authorize a single extension for a period not to
exceed one (1) year based on reasonable factors, if a request for extension has
been filed before the expiration date and notice of the proposed extension is given to
parties of record on the shoreline permit and to the Washington State Department of
Ecology.
6. Exclusions. The time periods in this Section do not include the time during which a
use or activity was not actually pursued due to the pendency of administrative
appeals or legal actions or due to the need to obtain any other government permits
and approvals for the proposal, including all reasonably related administrative or
legal actions on any such permits or approvals.
7. Flexibility. Upon a finding of good cause, based on the requirements and
circumstances of the project proposed and consistent with the policy and provisions
of the master program and RCW 90.58, the County may adopt different time limits
from those set forth in this subsection as part of action on a Substantial
Development Permit.
7.10 Revisions
1. Applicability.
a. Substantive changes. A permit revision is required whenever the applicant
proposes substantive changes to the design, terms, or conditions of a project
from that which is approved in the permit. Changes are substantive if they
materially alter the project in a manner that relates to its conformance to the
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terms and conditions of the permit, the Master Program and/or the policies and
provisions of the Shoreline Management Act (RCW 90.58). Changes which are
not substantive in effect do not require approval of a revision.
b. Substantial development. If the proposed change, or the sum of the proposed
revisions and any previously approved revisions, constitutes substantial
development then the applicant is not eligible for the revision process and shall
be required to apply for a new permit.
2. Submittal requirements. An applicant seeking to revise a permit shall submit
detailed plans and text describing the proposed changes to the Administrator.
3. Review criteria and findings. The Administrator may approve a revision when the
proposed changes are within the scope and intent of the original permit, and are
consistent with the applicable Master Program and the Act. At a minimum,
Administrator must find:
a. No additional over-water construction is involved except that pier, dock, or float
construction may be increased by five hundred (500) square feet or ten percent
(10%) from the provisions of the original permit, whichever is less;
b. Ground area coverage and height may be increased a maximum of ten percent
(10%) from the provisions of the original permit;
c. The revised permit does not authorize development to exceed height, lot
coverage, setback, or any other requirements of the applicable Master Program
except as authorized under a variance granted as the original permit or a part
thereof;
d. Additional or revised landscaping is consistent with any conditions attached to
the original permit and with the applicable Master Program;
e. The use authorized pursuant to the original permit is not changed; and
f. No adverse environmental impact will be caused by the project revision
4. Timing and limitations. Revisions to permits may be authorized after original permit
authorization has expired. However, such revisions shall be limited to authorization
of changes which are consistent with this Section and which would not require a
shoreline permit for the development or change. This subsection shall not be used to
extend the time requirements or to authorize substantial development beyond the
time limits of the original permit.
5. Notice. Notice of the revision approval shall be given to parties of record on the
original permit and to the Washington State Department of Ecology.
6. Effective date. The revised permit is effective immediately upon final decision by the
Administrator or, when appropriate, upon final action by the Washington State
Department of Ecology.
7. Appeals.
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a. Timing. Appeals shall be in accordance with RCW 90.58.180 and shall be filed
within twenty-one (21) days from the date of receipt of the local government's
action on a substantial development permit revision by the Washington State
Department of Ecology or, for revisions to conditional use permits or variances,
the date Ecology's final decision is transmitted to local government and the
applicant.
b. Grounds. Appeals shall be based only upon contentions of noncompliance with
the provisions of WAC 173-27-100.
c. Construction during appeal period. Construction undertaken pursuant to that
portion of a revised permit not authorized under the original permit is at the
applicant's own risk until the expiration of the appeals deadline.
d. Impact of appeal on original permit. If an appeal is successful in proving that a
revision is not within the scope and intent of the original permit, the decision shall
have no bearing on the original permit.
7.11 Liberal construction
As provided for in RCW 90.58.900, the Act is exempted from the rule of strict
construction. The Act and this Program shall be liberally construed to give full effect to
the purposes, goals, objectives, and policies for which the Act and this Program were
enacted and adopted, respectively.
7.12 Enforcement
Chapter 173-27 WAC contains enforcement regulations, including authority for the
County to issue regulatory orders to enforce the SMA and the SMP. Upon a
determination that there has been a violation of any provision of the County’s shoreline
regulations, the County may pursue code enforcement and penalties in accordance with
the provisions of KCC Title 18, Code Enforcement.
7.13 Amendments to master program
1. Applicability. This Section applies to comprehensive Shoreline Master Program
updates as well as limited SMP amendments that may be necessary from time to
time to comply with state and federal laws and implementing rules, address newly
annexed shorelines, improve consistency with the Act’s goals and policies, or correct
errors or omissions. All Master Program amendments shall be processed pursuant
to the procedural requirements of WAC 173-26-010 through 173-26-160 and RCW
90.58.090.
2. Initiation of amendments.
a. By elected or appointed officials. The Board of County Commissioners or
Planning Commission may initiate an amendment to this Program according to
the procedures prescribed in WAC 173-26-100.
b. By the public. Any person may petition the Board of County Commissioners or
Planning Commission to amend this Program. Petitions shall specify the changes
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requested and any and all reasons therefor. The Board of County
Commissioners or Planning Commission may schedule a public hearing on said
petition(s) if it deems the proposed amendment would make this Program more
consistent with the Act or more equitable in its application to persons or property
due to changed conditions in an area.
c. As the result of annual review. The Administrator shall submit an annual report
reviewing the effectiveness of the Program in achieving its stated purpose, goals,
and objectives as well as any proposed amendments deemed necessary to
increase its effectiveness or equity. If said report contains proposed
amendments, the Board of County Commissioners may schedule a public
hearing to consider such matter.
3. Notice. Notice of a public hearing shall be published in one or more newspapers of
general circulation in the area in which the hearing is to be held. The notice shall
include: a reference to the authority under which the action is proposed; a statement
or summary of the proposed changes to the Master Program; the date, time and
location of the hearing; the manner in which interested persons may present their
views; and reference to the availability of the draft proposal for public inspection at
the Kittitas County Community Development Department.
4. Consultations.
a. The local government shall consult with and solicit the comments of any persons,
groups, federal, state, regional, or local agency, and tribes having interests or
responsibilities relating to the shorelines or any special expertise with respect to
any environmental impact.
b. Adjacent local governments with jurisdiction over common shorelines of that
state shall be included in the consultation process.
c. The local government shall solicit comments on the draft proposal from the
Washington State Departments of Ecology and Commerce at least sixty (60)
days prior to final local approval.
5. Coordination. The County shall coordinate with the participating jurisdictions and
verify concurrence with or denial of the proposal. The amendments of concurring
jurisdictions shall be processed together.
6. Hearing. The County shall conduct at least one (1) public hearing to consider the
draft proposal.
7. Washington State Department of Ecology Approval. Washington State Department
of Ecology approval is required pursuant to RCW 90.58.090.
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Acronym List
ADA Americans with Disabilities Act
BLM Federal Bureau of Land Management
BMPs Best Management Practices
CAC Citizen advisory committee
CARA Critical aquifer recharge area
CERCLA Comprehensive Environmental Response, Compensation and Liability Act
CFS Cubic feet per second
CMZ Channel migration zone
EPA Environmental Protection Agency
FEMA Federal Emergency Management Agency
FWHCA Fish and wildlife habitat conservation area
GMA Growth Management Act
HPA Hydraulic project approval
ILF In-lieu fee
ICR Shoreline Inventory and Characterization Report
JARPA Joint aquatic resource permit
KCC Kittitas County Code
LAMIRD Limited areas of more intensive rural development
MTCA Model Toxics Control Act
OHWM Ordinary high water mark
RCW Revised Code of Washington
SMA Shoreline Management Act
SMP Shoreline Master Program
TAC Technical advisory committee
TESC Temporary erosion and sediment control
UGA Urban Growth Area
WAC Washington Administrative Code
WDFW Washington State Department of Fish and Wildlife
WSDOT Washington State Department of Transportation
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Appendix A
Shoreline Environment Designation Maps
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Appendix B
Shoreline Environment Designation Descriptions
Department of Ecology SMP Guidelines (WAC 173-26-221)(2)(b)) requires master
programs to contain an up-to-date and accurate map of the shoreline area delineating
the environment designations and their boundaries. These maps are included in
Appendix to this SMP. This SMP also includes “common boundary descriptions” to
accurately define and distinguish the boundaries of the environments on the ground.
The table below provides these common boundary descriptions.
In the event of a mapping error, Kittitas County will rely upon these common boundary
descriptions and the criteria contained in Chapter 4 of this SMP, rather than the
incorrect or outdated map.
SR=Shoreline Residential
UC=Urban Conservancy
RC=Rural Conservancy
N=Natural
Waterbody
(Streams)
Environment
Designation Reach Description
Bear Creek RC From the creek’s confluence with the Little Naches
River to 0.55 miles upstream
Big Creek RC From the creek’s confluence with the Yakima River
to the west parcel line of parcel 20469, with the
exception of the left bank area between Nelson
Siding Rd and I-90 (see below)
SR The left bank area between Nelson Siding Rd and
I-90, including parcel 913736, 409134, and parcel
516136 north to parcel 900434
N From the west parcel line of parcel 20469 to the
west parcel line of parcel 305237
RC From the west parcel line of parcel 305237 to
approximately 2.8 miles upstream
Box Canyon Creek RC From the creek’s outlet at Kachess Lake upstream
to the boundary of the Alpine Lakes Wilderness
Area
N From the Alpine Lakes Wilderness Area boundary
to approximately 1.3 miles upstream
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Waterbody
(Streams)
Environment
Designation Reach Description
Cabin Creek RC From the creek’s confluence with the Yakima River
to 9.05 miles upstream
Cherry Creek RC From the creek’s confluence with Wilson Creek
upstream to the creek’s confluence with Parke
Creek
Chief Creek N From the creek’s confluence with the Waptus River
to 0.83 mile upstream
Cle Elum River RC From the river’s confluence with the Yakima River
upstream to I-90
UC All areas within Cle Elum’s UGA
N From the Cle Elum city limits upstream to the
western parcel line of parcel 542534
RC From the western parcel line of parcel 542534
upstream to the outlet of Lake Cle Elum
Coal Creek RC From the creek’s outlet in Keechelus Lake to 1.69
miles upstream
Cold Creek RC From the creek’s outlet in Keechelus Lake to 1.95
miles upstream
Columbia River RC From the Kittitas-Yakima county line north to the
north end of the I-90 right-of-way parcel.
N Island within parcel 331333
UC From the north end of the I-90 right-of-way parcel
upstream to the north parcel line of parcel 940933
SR Vantage. From parcel 600933 north to parcel
880933
RC From the north parcel line of parcel 880933 north
to approximately 0.16 miles north of the southeast
corner of parcel 830933
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Waterbody
(Streams)
Environment
Designation Reach Description
N From approximately 0.16 miles north of the
southeast corner of parcel 830933 north to the
south parcel line of parcel 885234
RC From the south parcel line of parcel 885234 north
to the north corner of parcel 745234
N From the north corner of parcel 745234 north to
the Kittitas-Douglas county line
Cooper River RC From the river’s confluence with the Cle Elum
River upstream to the outlet of Cooper Lake, with
the exception of parcel 052736 north to parcel
322736
SR Parcel 052736 north to parcel 322736
RC From the river’s inlet into Cooper Lake upstream
to, and including, parcels 029035 and 478835
N From upstream of parcels 029035 and 475535
upstream to the river’s confluence with Lemah
Creek
Delate Creek N From the creek’s confluence with the Cooper River
upstream to the outlet of Spectacle Lake
Fortune Creek RC From the creek’s confluence with the Cle Elum
River to 3.56 miles upstream
French Cabin
Creek
RC From the creek’s outlet into Lake Cle Elum to 2.87
miles upstream
Gale Creek RC From the creek’s outlet into Kachess Lake to 2.67
upstream
Goat Creek N From the creek’s confluence with the Waptus River
to 1.26 miles upstream
Gold Creek RC From the creek’s outlet into Keechelus Lake
upstream to the west parcel line of parcel 138135
and the west and south parcel lines of parcel
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Waterbody
(Streams)
Environment
Designation Reach Description
44337
N From the west parcel line of parcel 138135 and the
west and south parcel lines of parcel 44337 to
upstream approximately 4.6 miles, excluding
parcels 453337 and 328235
RC Parcel 453337
SR Parcel 328235
Kachess River RC From the river’s outlet into Lake Easton upstream
to the river’s inlet from Kachess Lake, with the
parcels along Kachess River Rd (parcel 142136
northwest to parcel 112136
SR The parcels along Kachess River Rd (parcel
142136 northwest to parcel 112136
RC From the river’s outlet into Kachess Lake upstream
to the Mineral Creek confluence
Lemah Creek N From the creek’s confluence with the Cooper River
upstream to the creeks inlet at Pete Lake
N From the creek’s outlet into Pete Lake to
approximately 1.0 mile upstream
Lemah Creek UT N From the creek’s confluence with the mainstem
Lemah Creek to approximately 1.5 miles upstream
Little Creek SR From the creek’s confluence with the Yakima River
upstream to the north side of the I-90 right-of-way
parcel.
RC From the north side of the I-90 right-of-way parcel
upstream approximately 0.7 miles from the north
parcel line of parcel 185434
N From approximately 0.7 miles upstream of the
north parcel line of parcel 185434 to approximately
3.3 miles upstream
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Waterbody
(Streams)
Environment
Designation Reach Description
Little Nachess
River
RC From the Kittitas-Yakima county line upstream to
the river’s confluence with its north fork
Log Creek RC From the creek’s confluence with the Cabin Creek
to 3.13 miles upstream
Manastash Creek RC From the creek’s confluence with the Yakima River
upstream to its confluence with the South Fork
Meadow Creek RC From the creek’s outlet into Keechelus Lake to
3.39 miles upstream
Middle Fork Little
Naches River
RC From the river’s confluence with the North Fork
Little Naches River to 0.27 miles upstream
Middle Fork
Teanaway
River
RC From the river’s confluence with the mainstem to
12.45 miles upstream, excluding the parcels from
parcel 207335 west to parcel 567335
SR From parcel 207335 west to parcel 567335
Mineral Creek N From the creek’s confluence with the Kachess
River to 2.06 miles upstream
Naneum Creek RC From the creek’s confluence with Wilson Creek to
25.26 miles upstream
North Fork Little
Naches River
RC From the river’s confluence with the mainstem to
5.41 miles upstream
North Fork
Taneum Creek
RC From the creek’s confluence with the mainstem to
9.77 miles upstream
North Fork
Teanaway
River
RC From the river’s confluence with the mainstem to
8.58 miles upstream
North Fork
Teanaway
River UT
RC From the river’s confluence with the north fork to
7.68 miles upstream
Parke Creek RC From the creek’s confluence with Cherry Creek to
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Waterbody
(Streams)
Environment
Designation Reach Description
1.0 miles upstream
Quartz Creek RC From the creek’s confluence with the Little Naches
River to 0.83 mile upstream
Roaring Creek RC From the creek’s outlet into Keechelus Lake
upstream to the west parcel line of parcel 625835
SR From the west parcel line of parcel 625835
upstream to the east parcel line of parcel 625835
RC From the east parcel line of parcel 625835
upstream to the creek’s inlet at Lost Lake
Scatter Creek RC From the creek’s confluence with the Cle Elum
river to 0.54 mile upstream
Shovel Creek N From the creek’s confluence with the Waptus River
upstream to the creek’s inlet at Shovel Lake
N From the creek’s outlet at Shovel Lake to
approximately 1.0 mile upstream
Silver Creek RC From the creek’s confluence with the Yakima River
to 0.75 mile upstream
South Fork
Manastash
Creek
RC From the creek’s confluence with the mainstem to
13.36 miles upstream
South Fork
Taneum Creek
RC From the creek’s confluence with the mainstem to
5.95 miles upstream
Spade Creek N From the creek’s confluence with the Waptus River
to 1.08 miles upstream
Spinola Creek N From the creek’s confluence with the Waptus River
to 3.98 miles upstream
Stafford Creek RC From the creek’s confluence with the North Fork
Teanaway River to 2.70 miles upstream
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Waterbody
(Streams)
Environment
Designation Reach Description
Swauk Creek RC From the creek’s confluence with the Yakima River
to 16.81 miles upstream
Taneum Creek RC From the creek’s confluence with the Yakima River
upstream to the west parcel lines of parcels
407634 and 956644
N From the west parcel lines of parcels 407634 and
956644 upstream to the west parcel line of parcel
523633
RC From the west parcel line of parcel 523633
upstream to the creek’s confluence with its north
and south forks
Teanaway River RC From the river’s confluence with the Yakima River
to the river’s confluence with its west and middle
forks, excluding the parcels along Teanaway Acres
Rd (parcel 805235 northeast to parcel 095235)
SR The parcels along Teanaway Acres Rd (parcel
805235 northeast to parcel 095235)
Thorp Creek N From the creek’s confluence with the Cle Elum
River to 2.20 miles upstream
Trail Creek N From the creek’s confluence with the Waptus
Creek to 1.84 miles upstream
Waptus River N From the river’s confluence with the Cle Elum
River upstream to the river’s inlet at Waptus Lake
N From the river’s outlet at Waptus Lake upstream to
the river’s confluence with Shovel Creek
West Fork Box
Canyon Creek
RC From the creek’s confluence with the mainstem to
0.24 mile upstream
West Fork
Teanaway
River
RC From the river’s confluence with the mainstem to
approximately 0.2 mile upstream of the southern
parcel line of parcel 117235
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Waterbody
(Streams)
Environment
Designation Reach Description
N From approximately 0.2 mile upstream of the
southern parcel line of parcel 117235 to
approximately 4.0 miles upstream
Wilson Creek RC From the creek’s confluence with the Yakima River
upstream to the creek’s confluence with Naneum
Creek
Yakima River RC For all areas within Kittitas County jurisdiction,
except for the areas listed below
N From the Kittitas-Yakima county line upstream to
the southern parcel line of parcel 494233
N From the southern parcel lines of parcels 583533
and 464233 upstream to, and including, parcels
32033, 630333, and 080333, excluding parcel
564133 north to parcel 844533, the portion of
764533 east of the Yakima River, and parcel
924433 north to parcel 593036
UC All areas within Ellensburg’s UGA
UC All areas within South Cle Elum’s UGA
UC All areas within Cle Elum’s UGA
SR The area along Kiias Elk Trail, from parcel 055334
west to parcel 265334
SR From the north parcel line of parcel 165934
northeast to the west parcel line of parcel 799234
SR The area along Pebble Beach Dr, from parcel
083234 north to parcels 839234 and 289234 (Sun
Country Estates subdivision)
SR The Elk Meadows subdivision
SR The Pine Glen subdivision
SR The Sun Island subdivision
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Waterbody
(Lakes)
Environment
Designation Reach Description
Alaska Lake N Entire lake shoreline
Chikamin Lake N Entire lake shoreline
Circle Lake N Entire lake shoreline
Cle Elum Lake RC Entire lake shoreline, except for from parcel
787235 south to parcel 626936
SR From parcel 787235 south to parcel 626936
Cooper Lake RC Entire lake shoreline, except for from parcel
448835 east to parcel 348835
SR From parcel 448835 east to parcel 348835
Deep Lake N Entire lake shoreline
Fiorito Lake RC Entire lake shoreline
Glacier Lake N Entire lake shoreline
Joe Lake N Entire lake shoreline
Kachess Lake RC Entire lake shoreline, except where described
below
SR Along Bakers Ln, from parcel 126535 south to
parcel 718436
SR Along Summer Park Ct, Via Kachess Rd and, and
Mountain View Ln, from parcel 696835 south to
parcel 306635
SR From parcel 487136 east to parcel 467136
SR Along Forest Service Rd 4818, from parcel 717436
south to parcel 86835
Keechelus Lake RC Entire lake shoreline
Lake Easton RC Entire lake shoreline
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Waterbody
(Streams)
Environment
Designation Reach Description
Lake Ivanhoe N Entire lake shoreline
Lake Lillian N Entire lake shoreline
Lake Michael N Entire lake shoreline
Lake Rowena N Entire lake shoreline
Lavender Lake RC Entire lake shoreline, except for from parcel
180134 east to parcel 550334
SR Along Pine Glen Dr, from parcel 180134 east to
parcel 550334
Lost Lake RC Entire lake shoreline
Manastash Lake RC Entire lake shoreline
Matoon Lake UC Entire lake shoreline within County jurisdiction
Mirror Lake RC Entire lake shoreline
Pete Lake N Entire lake shoreline
Rachael Lake N Entire lake shoreline
Robin Lake N Entire lake shoreline
Shovel Lake N Entire lake shoreline
Spade Lake N Entire lake shoreline
Spectacle Lake N Entire lake shoreline
Tuck Lake N Entire lake shoreline
Tucquala Lake RC Entire lake shoreline
Unnamed Lake-
Gold Creek
Reach 01
RC Entire lake shoreline, except where described
below
N Parcel 443337
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Waterbody
(Streams)
Environment
Designation Reach Description
SR Parcel 748335
Unnamed Lake
05-Yakima
River Reach 07
RC Entire lake shoreline
Unnamed Pond
04-Yakima
River Reach 04
RC Entire pond shoreline
Unnamed
Waterbody 01-
Yakima River
Reach 04
RC Entire waterbody shoreline
Unnamed
Waterbody 02-
Yakima River
Reach 04
RC Entire waterbody shoreline
Unnamed
Waterbody 03-
Yakima River
Reach 04
RC Entire waterbody shoreline
Venus Lake N Entire lake shoreline
Waptus Lake N Entire lake shoreline
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EXHIBIT B
Kittitas County Shoreline Master Program Update
Board of County Commissioners
Description: Ordinance Adopting Amendments to Kittitas County Comprehensive Plan
Chapter 2
Kittitas County Comprehensive Plan Chapter 2 Amendments are adopted as follows:
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2.5. Shorelines
2.5.1. Introduction
The 2016 Kittitas County Shoreline Master Program goals and policies are adopted by reference into this
comprehensive plan. is endowed with a variety and abundance of lakes, rivers, and streams. A county
undergoing considerable change and development cannot long take for granted such valuable and
limited resources. It shall be the objective of the County, therefore, to provide for the long range
management of shorelines and adjacent wetlands by planning for and fostering all reasonable and
appropriate uses, including residential, industrial, agricultural, private and public recreation, etc. This
policy is designed to ensure the development and/or preservation of shorelines, which will promote and
enhance both private and public interest. It will also provide a policy framework whereby decisions are
formulated before controversial issues or crises develop which often result in hasty, ill-advised solutions.
GPO 2.49 In compliance with RCW 90.58 Kittitas County should undertake an updated comprehensive
study of its lakes and rivers, including an inventory of and classification of all shoreline lands, swamps,
and marshes.
GPO 2.50 The County should, in compliance with the Shorelines Management Act prepare and adopt a
comprehensive land use and restoration plan related to its lakes, streams, rivers, and associated
wetlands consistent with the requirements of RCW 36.70A and 90.58.
The following goals and policies are part of the Shoreline Master Program for Kittitas County
Washington originally adopted in 1975.
2.5.2. Shoreline Management
GPO 2.51 Shoreline Use: Kittitas County is characterized by four major shoreline uses: (1) irrigated
agriculture; (2) range; (3) forest and wild lands; (4) recreational use. A continuation of such uses should
be encouraged.
Alternative uses may occur which are compatible with the specific Environments of the Act, provided
that they are compatible to the physical characteristics of any particular site. These concepts are
intended to promote a pattern of shoreline uses, which will minimize conflict, preserve high quality
environment, and leave open the greatest number of options for future generations of shoreline users.
GPO 2.52 Agriculture and Irrigation: Irrigated agriculture is a water dependent use and a key factor in
the economy of Kittitas County; therefore, it is a goal of our County that other shoreline uses should not
jeopardize production on agricultural lands. While other shoreline uses may be compatible with
irrigation systems, it is a goal of our County that all shoreline uses shall be constructed and maintained
in such a way as to not interfere with the diversion of delivery of water. Irrigation easements, head
ditches, headgates, turnouts, and other necessary appurtenances shall be given priority.
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GPO 2.53 Economic Development: It is a goal of our County that commercial development locate inland
from designated flood plain and shoreline areas unless that development is particularly dependent upon
a shoreline location and is consistent with the long range needs of the public.
GPO 2.54 Recreation: It is a goal of our County to encourage recreational opportunities which will not
compromise water quality, will not have a detrimental effect on the fragile systems of our shorelines,
nor infringe on the rights of the private property owner.
GPO 2.55 Conservation: It is a goal of our County to encourage sound management of renewable
shoreline resources and that non-renewable shoreline resources be preserved to the greatest extent
feasible.
GPO 2.56 Circulation: It is a goal of our County to encourage a transportation network capable of
delivering people, goods, and services, which will result in minimum disruption of the natural system of
our shorelines.
GPO 2.57 Public Access: Shoreline dependent recreational activities are of significant importance to the
citizens of Kittitas County. A public access system should facilitate movement to public shoreline areas
without compromising the natural features of the shoreline. Public access to public areas shall in no way
limit or lessen any private landowner's right to prevent trespassing.
It is a goal, therefore, of our County to develop a network of well-planned and maintained public access
areas located on publicly owned shorelines, to purchase additional shoreline property when feasible and
to encourage a provision of public access in all future public land shoreline development. Intrusions
created by such public access should not have detrimental effects on fragile natural features, endanger
life, or infringe upon the rights of private property owners.
GPO 2.58 Historical/Cultural: It is a goal of our County to protect and restore areas and sites having
historical, cultural, or educational importance without infringing upon the private property owners.
GPO 2.59 Public Awareness: The public should be made aware of the content of the Shoreline
Management Act as it applies to Kittitas County. The rights and obligations of the public and private
citizens should be clearly stated. This information should be clearly identified. Methods of informing the
public should be those most appropriate to a given situation.
These are examples of items to be considered:
Standardized markers should be developed to inform public of access routes, parking, limitation of area,
etc.
The public should be made aware of their responsibility in maintaining the quality of the environment,
especially for such things as litter prevention, trail cutting, clearing brush, and off road vehicular traffic.
The public should be made aware of private property (where public lands end).
GPO 2.60 Restoration: It is the goal of Kittitas County to provide, where feasible and desirable, for
restoration of blighted areas along the shorelines of Kittitas County to a natural and/or rehabilitated
condition.
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2.5.3. Shoreline Use Activity
These policies will reflect the intent of any one or all of the goal statements prescribed in Chapter Three
depending on their applicability.
GPO 2.61 Agriculture: Kittitas County should (1) assure that lands suitable for agriculture are maintained
in agricultural production; (2) should not allow the locations of confined animal feedlot operations,
retention and storage ponds for feedlot wastes, or stock piles of manure solids close enough to
shoreline areas to affect water quality; and (3) should encourage the maintenance of a buffer of
permanent vegetation between tilled areas and associated water bodies which would retard surface
runoff, reduce siltation, provide habitat for fish and wildlife and reduce erosion.
GPO 2.62 Aquaculture: Aquaculture enterprises should (1) not obstruct navigational access to upland
areas, (2) shall not obstruct visual access of upland owners, and (3) should be located in areas where
they do not impair the aesthetic quality of the shoreline of quality of the water involved.
Note that spawning areas and fish hatcheries, which are managed by the Department of Fish and
Wildlife, are required to obtain a hydraulic project approval permit for work done in any stream or lake
bed.
GPO 2.63 Archaeological/Historic Sites: Where possible archaeological and historical sites should be
permanently preserved for scientific study and public observation. Kittitas County Planning Department
should consult with professional archaeologists to identify areas containing potentially valuable
archaeological data and to establish procedures for salvaging the data.
In areas known to contain archaeological data, local governments shall attach a special condition to a
shoreline permit, providing for a site inspection and evaluation by an archaeologist to insure that
possible archaeological data are properly salvaged.
Shoreline permits, in general, should contain special provisions, which require developers to notify local
governments if any possible archaeological data are uncovered during excavations.
The National Preservation Act of 1966 and Chapter 43.51, RCW provides for the protection,
rehabilitation, restoration, and reconstruction of districts, sites, buildings, structures, and objects
significant in American and Washington history, architecture, archaeology or culture. The State
Legislature names the Director of the Washington State Park and Recreation Commission as the person
responsible for this program.
GPO 2.64 Commercial Development: Consideration to approve a permit for commercial development
located on a shoreline shall be given only to those commercial developments which are shoreline
dependent or shoreline oriented.
Commercial development which is non-shoreline oriented should be located inland away from the
ordinary high water mark where commercial uses exist and where the appropriate zoning exists.
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Commercial developments should be constructed in a manner, which would either improve or at most
result in minimal damage to the normal qualities of the shoreline area.
GPO 2.65 Dredging: Dredging of materials for the single purpose of obtaining fill materials should be
prohibited in any designated environment.
Dredging for the purpose of deepening a navigational channel should be permitted in any designated
environment provided such dredging will not cause damage to existing ecological values and natural
resources of both the area to be dredged and the area for deposit of the materials.
GPO 2.66 Flood Plains: It is the policy of this Section to minimize losses in flood plains by restricting or
prohibiting uses which are dangerous to health, safety or property in times of flood or cause excessive
increases in flood heights or velocities.
Uses vulnerable to floods, including facilities, which serve such uses, shall be protected against flood
damage at the time of initial construction. General regulations for carrying out this policy given under
the Shoreline Master Program Ordinance, Section 25, pages ORD-10-11, apply to the four Environments,
which include Natural, Conservancy, Rural and Urban.
GPO 2.67 Forest Management: Logging within shoreline areas should be conducted in such a manner to
ensure the maintenance of buffer strips of ground vegetation, brush, and trees to prevent temperature
increases adverse to fish population and erosion of stream banks.
Shoreline areas having scenic qualities, such as those providing a diversity of views, unique landscape
contracts, or landscape panoramas should be encouraged as scenic views in timber harvesting areas.
Timber harvesting practices, including road construction and debris removal, should be regulated so that
the quality of the view and viewpoints in shoreline areas of the State are not degraded.
Seeding and replanting should be accomplished where necessary to provide stability on areas of steep
slope, which have been disturbed. Replanted vegetation should be of a similar or improved type and
concentration as existing in the general vicinity of the logged area.
Special attention should be directed in logging and thinning operations to prevent an accumulation of
slash and other debris in contiguous waterways.
Logging should be avoided on shorelines with slopes of such grade that large sediment run-off will be
precipitated, unless adequate restoration and erosion control can be expeditiously accomplished.
Proper road and bridge design, location and construction and maintenance practices should be used to
prevent development of roads and structures, which would adversely affect shoreline resources.
GPO 2.68 Industry: Significant alteration of the shoreline environment is associated with industrial use;
therefore, the location of industry on the shorelines of Kittitas County shall be limited to:
Enterprises which are clearly dependent upon access to the shoreline and associated waters (for
successful operation); and
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To sites which currently possess advantages to industry such as proximity to adequate transportation,
raw materials, labor and the like,
In Kittitas County sites meeting the above objectives are associated with urban areas of Ellensburg, Cle
Elum, South Cle Elum and the Milwaukee Railroad crossing of the Columbia River.
Industrial development which is not shoreline dependent should be located inland away from the
ordinary high water mark where industrial uses exist and where sewer and the appropriate zoning
exists.
Industrial sites should be encouraged to locate within areas adjacent to other industrial sites, without
overcrowding the area involved.
Industrial developments should be constructed in a manner, which would either improve or result in
minimal damage to the normal qualities of the shoreline area.
GPO 2.69 Landfill: In evaluating fill projects and in designating areas appropriate for fill, such factors as
total water surface reduction, navigation restriction, impediment to water flow and circulation,
impediment to irrigation systems, reduction of water quality, and destruction should be considered.
Shoreline fills or cuts should be designated and located so that significant damage to existing ecological
values, natural resources or alteration of local currents will not occur creating a hazard to adjacent life,
property and natural resources systems.
Landfills should be allowed only for water-dependent uses, for public uses, and for the purpose of
elevating a structure to meet flood-proofing requirements as required by the flood control zone permit.
GPO 2.70 Marinas: Location and design of marinas should consider effects on fish and wildlife resources
during construction and operation and at the same time be aesthetically compatible with adjacent
areas.
Fuel handling and storage should be given special attention in design to minimize spillage and provide
means for handling such spillage.
Marina construction and development should comply with the Washington State Department of Fish
and Wildlife guidelines and local standards, which apply.
All docking and marinas should be equipped with receptacles to receive and adequately dispose of
sewage, waste, rubbish and litter from boats.
GPO 2.71 Mining: Land reclamation should be included as part of the mining project and should be
initiated after completion of each phase of the mining activity.
When minerals are removed from shoreline areas, adequate protection against the sediment and silt
production should be provided. If such removal is to occur in a lake, river or streambed, a Hydraulics
Permit from the Department of Game and Fisheries is required.
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If diversion of water for mining purposes is required, water rights shall be established prior to issuing the
permit.
GPO 2.72 Outdoor Advertising: Outdoor advertising signs should be located on the upland side of
transportation routes which parallel and are adjacent to shorelines. Views and vistas should not be
degraded and visual access to the water from such vistas should not be impaired by the placement of
signs. Local sign ordinances should be strictly enforced.
GPO 2.73 Recreation: allow various recreational opportunities to meet the needs of the people.
Where uses designated for a specific recreational area are planned to satisfy a diversity of demands,
these uses must be compatible with each other and not damaging to the area's environment.
Signs should be posted informing the public of areas available for their use.
The locations, design, construction and operation of recreational facilities should prevent undue adverse
impacts on adjacent or nearby privately owned properties.
Parking facilities should be located in areas, which will be the least damaging to the natural character of
the area. Large parking lots should be located outside the immediate shoreline area.
Water supplies, sewage, drainage, alteration of shoreline vegetation and other changes associated with
recreational development should be planned to preserve a high quality environment.
GPO 2.74 Residential: Residential subdivisions should be consigned (1) so as to adequately protect
and/or to improve the area's aesthetic qualities and characteristics of the water and shoreline areas;
and (2) at a level of density of site coverage and of occupancy compatible with the physical capabilities
of the shoreline and water.
Planned Unit Developments, which reserve substantial portions of land as open space or recreation
area, are preferred over conventional subdivisions.
Subdivider should be encouraged to provide pedestrian access to the shorelines within the development
and to minimize the impact of vehicular use and parking on the normal aesthetic qualities of the
shoreline area.
GPO 2.75 Roads, Railroads, and Bridges: Future roads and railways should be located away from the
shorelines wherever feasible. "Wherever feasible" is an important condition, since shorelines often offer
the least troublesome and costly sites for road construction, but wherever a public road can be located
outside the shoreline area, even at somewhat greater construction costs and problems, then the inland
location should be used.
Extensive loops or spurs to old highways with high aesthetic quality should be kept in service as pleasure
bypass routes.
When planning public roads, federal, State and local governments should, where appropriate, provide
sanitary facilities, scenic viewpoints, and picnic areas on publicly owned shorelines.
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Road management for logging shall be done in accordance with the regulations for "Roads" under the
Shoreline Master Program, Ordinance, Section 25, Forest Management.
GPO 2.76 Shoreline Works and Structures: The approval of shoreline works and structures projects
should be based on flood backwater evaluation and on the projects' impact on properties downstream.
The approval of shoreline works and structures projects should be based on the projects' impact on the
river's environment.
GPO 2.77 Solid Waste Disposal: Solid waste materials should be handled, contained, or disposed of in a
manner which avoids damage to the environment and will maintain the aesthetic values to the shoreline
area.
GPO 2.78 Utilities; Utilities should be designed and installed in a manner which would result in minimal
damage to the normal qualities of the shoreline area.
Utilities should be planned to avoid destroying scenic views.
Upon completion, the applicant should restore the project area to a natural or near natural condition.
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EXHIBIT C
Kittitas County Shoreline Master Program Update
Board of County Commissioners
Description: Ordinance Adopting Amendments to Kittitas County Code Title 17 Zoning
and Title 18 Code Enforcement
Kittitas County Code Amendments to Title 17 and Title 18 are adopted as follows:
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Chapter 17.19
R-3 - RURAL-3 ZONE*
Sections
17.19.010 Purpose and intent.
17.19.020 Allowed uses.
17.19.030 Repealed.
17.19.040 Lot size required.
17.19.045 Development Standards.
17.19.050 Yard requirements.
17.19.055 Yard requirements- Zones Adjacent to Commercial Forest Zone.
17.19.060 Sale or conveyance of lot portion.
17.19.070 Repealed.
17.19.080 Repealed.
17.19.090 Repealed.
17.19.080 Repealed.
The following setbacks shall be enforced for residences, accessory buildings, and on-site septic
systems constructed or placed on shorelines or floodplains;
1. One hundred feet (100) (measured horizontally) from the ordinary high water mark or line of
vegetation for lots abutting the shorelines or floodplains under the jurisdiction of the Washington
State Shoreline Management Act;
1. One hundred feet (100) (measured horizontally) from the ordinary high water mark or line of
vegetation for lots fronting on reservoirs including Keechelus, Cle Elum, Kachess, and Easton
Lakes and Wanapum reservoir;
2. One hundred feet (100) (measured horizontally) from the ordinary high water mark or line of
vegetation for all such structures constructed or placed on other streams, including intermittent
streams, which are not regulated under the Shoreline Management Act. (Ord. 2013-001, 2013;
Ord. 92-4 (part), 1992)
Chapter 17.30A
R-5 - RURAL-5 ZONE
Sections
17.30A.010 Purpose and intent.
17.30A.020 Allowed uses.
17.30A.030 Repealed.
17.30A.040 Lot size required.
17.30A.050 Yard requirements.
17.30A.055 Yard requirements- Zones Adjacent to Commercial Forest Zone.
17.30A.060 Sale or conveyance of lot portion.
17.30A.070 Repealed.
17.30A.080 Repealed.
17.30A.090 Repealed.
17.30A.080 Repealed.
The following setbacks shall be enforced for residences, accessory buildings, and on-site septic
systems constructed or placed on shorelines or floodplains;
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1. One hundred (100) feet (measured horizontally) from the ordinary high water mark or line of
vegetation for lots abutting the shorelines or floodplains under the jurisdiction of the Washington
State Shoreline Management Act;
1. One hundred (100) feet (measured horizontally) from the ordinary high water mark or line of
vegetation for lots fronting on reservoirs including Keechelus, Cle Elum, Kachess, and Easton
Lakes and Wanapum reservoir;
2. One hundred (100) feet (measured horizontally) from the ordinary high water mark or line of
vegetation for all such structures constructed or placed on other streams, including intermittent
streams, which are not regulated under the Shoreline Management Act. (Ord. 2013-001, 2013;
Ord. 2005-05, 2005)
Chapter 17.56
FOREST AND RANGE ZONE*
Sections
17.56.010 Purpose and intent.
17.56.020 Allowed uses.
17.56.030 Repealed.
17.56.040 Lot - Minimum size.
17.56.050 Lot - Width.
17.56.060 Yard requirements.
17.56.062 Yard requirements - Adjacent to Liberty Historic Overlay Zone.
17.56.065 Yard requirements- Zones Adjacent to Commercial Forest Zone.
17.56.070 Structure height.
17.56.080 Repealed.
17.56.090 Repealed.
17.56.100 Repealed.
17.56.080 Repealed.
The following setbacks shall be enforced for residential and accessory buildings constructed or
placed on shorelines or floodplains under the jurisdiction of the Washington State Shoreline
Management Act:
1. One hundred (100) feet (measured horizontally) from the ordinary high water mark or line of
vegetation for lots abutting such waterways;
1. One hundred (100) feet (measured horizontally) from the ordinary high water mark or line of
vegetation for lots fronting on reservoirs including Keechelus, Cle Elum, Kachess, and
Easton Lakes and Wanapum reservoir. (Ord. 2013-001, 2013; Ord. 92-6 (part), 1992: Res.
83-10, 1983)
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Chapter 17.57
COMMERCIAL FOREST ZONE
Sections
17.57.010 Purpose and intent.
17.57.020 Allowed uses.
17.57.030 Repealed.
17.57.040 Lot - Minimum size.
17.57.050 Yard requirements.
17.57.060 Structure height.
17.57.070 Repealed.
17.57.080 Fire protection.
17.57.090 Water supply.
17.57.100 Building location.
17.57.110 Access.
17.57.120 Road standards.
17.57.130 Repealed.
17.57.070 Repealed.
The following setbacks shall be enforced for residential and accessory buildings constructed or
placed on shorelines or floodplains under the jurisdiction of the Washington State Shoreline
Management Act:
1. one hundred (100) feet (measured horizontally) from the ordinary high water mark or line of
vegetation for parcels abutting such waterways;
1. one hundred (100) feet (measured horizontally) from the ordinary high water mark or line of
vegetation for lots fronting on reservoirs including Keechelus, Cle Elum, and Kachess Lakes.
(Ord. 2013-001, 2013; Ord. 94-1 (part), 1994)
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Title 18 | CODE ENFORCEMENT
Chapters
18.01 General Provisions
18.02 Infraction Corrective Orders
18.04 Infraction Hearings
18.05 Penalties
18.06 Legal Provisions
18.07 Special Provisions for Enforcement of Title 17B Shorelines
Chapter 18.01
GENERAL PROVISIONS
Sections
18.01.010 Applicability.
18.01.020 Enforcement.
18.01.040 Infractions designated.
18.01.050 Crimes designated.
18.01.060 Inspection.
18.01.010 Applicability.
1. This title shall apply to the enforcement of Kittitas County ordinances and codes, related to
building, zoning, and environmental health and safety, the violation of which are hereby
declared a public nuisance:
a. Title 5, Business Licenses And Regulations;
b. Title 8, Health, Welfare, and Sanitation;
c. Title 12, Roads and Bridges;
d. Title 13, Water and Sewers;
e. Title 14, Buildings and Construction;
f. Title 15, Environmental Policy;
g. Title 16, Subdivisions;
h. Title 17, Zoning;; and WAC 173-19-270, Kittitas County Shoreline Master Program;
i. Title 17A, Critical Areas;
j. Title 17B, Shorelines;
i.k. The Kittitas County Health Code.
2. This title shall also apply to the following additional public nuisances:
a. Any public nuisance as defined by Washington State Statute or set forth in Washington case
law;
b. Any attractive nuisance whether in a building, on the premises of a building, or on an
unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations; abandoned
refrigerators and junk vehicles, as defined in this chapter; or any structurally unsound fences or
structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard;
c. The existence of any dead, diseased, infested, or dying trees which may constitute a danger
to property or persons;
d. The existence of any tree, shrub or foliage, unless by consent of the county, which is apt to
destroy, impair, interfere or restrict:
1. Roads, sidewalks, sewers, utilities or other public improvements,
2. Visibility, or free use of, or access to such improvements.
e. The existence of any vines or climbing plants growing into or over any road, public hydrant,
pole or street light, or the existing of any shrub, vine or plant growing on, around, or in front of any
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hydrant, stand pipe, sprinkler system connection or any other appliance or facility provided for fire
protection purposes in such a way as to obscure the view thereof, or impair the access thereto;
f. The existence of a sidewalk or portion of a sidewalk adjacent to any premises which
sidewalk is out of repair, and in a condition to endanger persons or property, or in a condition to
interfere with the public convenience and the use of such sidewalk;
g. The existence of any obstruction (including snow or ice that has been plowed into or across
a road, alley, crossing or sidewalk) to a road, alley, crossing or sidewalk, which is by ordinance
prohibited, or which is made without lawful permission, or which having been made by lawful
permission, is kept and maintained after the purpose therefore has been accomplished, and for an
unreasonable length of time;
h. The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in
or upon any private lot, building, structure, or premises, or in or upon any road, alley, sidewalk, park,
parkway, or other public or private place in the county, any one or more of the following: disorderly,
disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions, or objects;
i. Any bottles, cans, glass, ashes, small pieces of scrap iron, wire, metal, tires, articles, broken
stone or cement, broken crockery, broken glass, broken plaster and all such trash, or abandoned
material, unless it is kept in approved covered bins or receptacles;
j. Any trash, litter, rags, accumulations, or empty barrels, boxes, crates, packing cases,
mattresses, bedding, straw or other packing materials, lumber not neatly piled, scrap iron, tin or
other metal not neatly piled, or anything whatsoever in which flies or rats may breed or multiply, or
which may be a fire hazard;
k. The depositing or burning or causing to be deposited or burned in any road, alley, sidewalk,
park, parkway, or other public place which is open to travel, any hay, straw, paper, wood, boards,
boxes, leaves, manure, or other rubbish or materials;
l. The existence of any pits, potholes, or holes which would endanger safety;
m. The existence of any conditions that would produce dust or noxious odors; provided, that
nothing herein shall be prohibited when done in conjunction with a construction project for which a
building permit has been issued and is being prosecuted diligently to completion. However, the
contractor or owner shall be responsible for dust control throughout the development area;
n. The existence of any fence or other structure or thing on private property abutting or fronting
upon any public road, sidewalk, or place which is in a sagging, leaning, falling, decaying, or other
dilapidated or unsafe condition;
o. Unlawful disposal sites. It is unlawful for anyone to deliver and/or deposit any garbage or
rubbish generated within the county or without the county at any disposal site other than a refuse
disposal, processing, transfer or recovery site provided and/or designated by the director or public
works pursuant to chapter 13.12 Kittitas County code;
p. Buildings found substandard pursuant to chapter 14.04 Kittitas County code;
q. Vehicles, boats and trailers, on property for sale. The placing or parking along street and
road rights-of-way or in direct and plain view thereof any vehicle, licensed or unlicensed, boat, trailer,
motor-home, mobilized equipment or machinery, recreational vehicle and equipment placed or
parked on property that is owned by someone that is other than the owner of the vehicle, trailer,
motor-home, etc. for the purpose of selling the same. The placing or parking of any vehicle, etc. on
property owned by another includes business and commercial property so long as the business is
not regularly engaged and licensed pursuant to chapter 46.70 RCW, in selling the particular vehicle,
equipment, etc.
r. "Junk Vehicle"
1. Means a vehicle intended to be self-propelled and used for the transport of
people, goods, and/or services that meets at least three of the following
requirements:
i. Is three years old or older;
ii. Is extensively damaged, such damage including, but not limited to, any of
the following: A broken window or windshield or missing wheels, tires,
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missing motor, or transmission;
iii. Is without a valid, current license plate or certificate of registration;
iv. Is apparently inoperable;
v. Has an approximate fair market value equal only to the approximate value
of the scrap in it.
2. This definition of a "junk vehicle" shall not apply to:
A vehicle or part thereof that is completely enclosed within a building in a lawful manner
where it is not visible from the road or other public or private property; or
A vehicle or part thereof that is stored or parked in a lawful manner on private property in
connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced
according to RCW 46.80.130; or
One vehicle only, which is actively being restored, repaired, or reconditioned. If this project is
not completed within two years, the vehicle must be removed as provided for herein.
s. Any existing excavation or embankment or fill that has become a hazard to life
and limb, or endangers property, or adversely affects the safety, use or stability of a
public way or drainage channel.
3. It is unlawful and a violation of this chapter for any person, firm, or corporation found guilty of
having created or suffering to exist on premises either owned or leased by them any
nuisance defined herein. Owners remain liable for violations of duties imposed by this
chapter even though an obligation is also imposed on the occupants of the premises, and
even though the owner has, by agreement, imposed on the occupant the duty of complying
with this chapter.
Successive property owners are liable for abatement of nuisances created by their
predecessors in interest. No right can be acquired to continue a nuisance by virtue of its
longtime existence. It shall not be necessary to show that the owner participated in, or was
even aware of, the code violation in order to hold him/her liable.
4. Violations of the applicable codes shall be corrected under the provisions of this title, in
coordination with existing ordinance and code provisions. (Ord. 2009-22, 2009; Ord. 2009-
19, 2009; Ord. 2006-37, 2006; Ord. 2005-29, 2005; Ord. 94-25 (part), 1994)
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Chapter 18.02
INFRACTION CORRECTIVE ORDERS
Sections
18.02.010 Violations - Enforcement.
18.02.020 Order to correct violation.
18.02.030 Notice of violation and abatement.
18.02.040 Notice of infraction.
18.02.050 Failure to comply.
18.02.030 Notice of Violation and Abatement.
1. Whenever, upon a reasonable belief, a public nuisance exists in violation of this title, an
authorized official may issue a Notice of Violation and Abatement to the landowner(s),
containing the following:
a. The street address, parcel number(s), or description of the building, structure,
premises, or land in terms reasonably sufficient to identify its location;
b. A description of the violation(s) including the day or days of the offenses;
c. A reference to the Title, Chapter, and Section of the Kittitas County Code or Kittitas
County Health Department regulation or written order which has been violated, if
applicable;
d. The amount of the fine imposed and to whom and by when it must be paid;
e. A description of the action required to abate the public nuisance which may include
corrections, repairs, demolition, removal, or any other appropriate action, and a date
by which voluntary abatement must be completed;
f. A statement that the person to whom a Notice of Violation and Abatement is directed
may request an administrative hearing to be conducted by the Hearing Examiner.
Such request (Notice of Appeal) must be in writing, accompanied by the appeals fee
and must be received by the Public Official within 10 working days after the Notice of
Violation and Abatement has been served.
g. A statement that the landowner must correct the violation and pay the civil penalty; or
may appeal the Notice.
h. A statement that the costs and expenses of abatement incurred by the County may
be assessed against the person(s) named in the Notice of Violation and Abatement
and further that failure to pay said costs may result in a lien for the costs of
abatement being assessed against the property.
2. The Notice of Violation and Abatement shall be served by any one or combination of the
following methods:
a. By both first-class and certified mail with a 5-day return receipt requested to the last
known address of the landowner of the property; or
b. By posting the Notice of Violation and Abatement in a prominent location on the
premises in a conspicuous manner which is reasonably likely to be discovered; or
c. By personal service upon the landowner.
3. Notice of Appeal.
a. Within 10 working days of service of a Notice of Violation and Abatement, the
landowner may submit a written Notice of Appeal to the Authorized official, along with
the required appeal fee, to appeal the Notice of Violation and Abatement. The
amount of the appeal fee may be set by resolution of the Board of Kittitas County
Commissioners, but shall initially be $500.00.
b. The notice of appeal shall contain a written, concise statement identifying:
1. The decision being appealed;
2. The name and address of the appellant and his interest(s) in the matter;
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3. The specific reasons why the appellant believes the decision to be wrong.
The appellant shall bear the burden of proving the decision was wrong;
4. The desired outcome or changes to the decision;
5. The appeals fee.
4. Notice of Hearing.
a. Not later than the 15 calendar days after the receipt of one or more timely Notices of
Appeal, the authorized official shall issue and serve a Notice of Hearing to the
appellants. Requests from multiple parties concerning the same nuisance may be
consolidated.
b. The Notice of Hearing shall be served by the same means as the Notice of Violation
and Abatement.
c. The Notice of Hearing shall contain the date, time, and location of the hearing.
5. Hearing.
a. The appeal of a Notice of Violation and Abatement shall be heard by the Hearing
Examiner.
b. Unless otherwise provided herein, the provisions of Chapter 2.11 KCC shall govern
the hearing process.
c. The burden of proof is on the county to establish the violation by a preponderance of
the evidence. The observation of a violation on different dates shall be prima facia
evidence that the violation continued to exist on intervening dates.
d. The Hearing Examiner shall determine if the property at issue constitutes a public
nuisance as defined in this Chapter. The Hearing Examiner shall also determine if
the appellant is the property owner and is therefore personally liable for the costs of
abating the nuisance.
6. Order of the Hearing Examiner.
a. Unless mutually agreed to by the appellant and the Hearing Examiner, the order of
the Hearing Examiner shall be served upon the person to whom it is directed, either
personally or by mailing a copy of the order to such person at his/her last known
address as determined by the designated authorized official.
b. The Hearing Examiner, in affirming the authorized official's Notice of Violation and
Abatement, shall impose the fine consistent with the penalty provision of this title and
may assess administrative costs and/or costs related to the abatement of the
nuisance.
c. The Hearing Examiner may order the County to pay the appellant the appeals fee,
costs, and/or attorney fees only upon a finding that both the violation did not occur
and intentional misconduct on the part of the authorized official.
d. The appellant may file a request for reconsideration of the Hearing Examiner's
decision within seven working days of the date of the Hearing Examiner's written
decision, file with the Hearing Examiner a written request for reconsideration based
on any one of the following grounds materially affecting the substantial rights of said
party or person:
1. Errors of procedure or misinterpretation of fact, material to the party seeking
the request for reconsideration.
2. Irregularity in the proceedings before the Hearing Examiner by which such
party was prevented from having a fair hearing.
3. Clerical mistakes in the official file or record transmitted to the Examiner,
including errors arising from inadvertence, oversight, or omission, which may
have materially affected the Board's decision on the matter.
Upon receipt of a request for reconsideration, the Hearing Examiner shall
review said request in light of the record and take such further action as is
deemed proper; including, but not limited to, denying the request, granting
the request, with or without oral argument, and may render a revised
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decision. The decision of the Hearing Examiner shall be subject to
reconsideration only one time, even if the Hearing Examiner reverses or
modifies the original decision.
4. If no written request for reconsideration has been received by the authorized
official within seven working days of the date of the order of the Hearing
Examiner;, the
i. Any order related to a violation of the Shoreline Master Program shall be
considered final unless appealed to the shoreline hearings board.
ii. Any other order shall be considered final unless appealed to Kittitas
Superior Court. All such appeals shall be governed by Rules for appeal of
decisions of Courts of limited jurisdiction (RALJ).
7. Cooperative Abatement Agreements.
The authorized official and the landowner may enter into a cooperative abatement
agreement which includes a right of entry agreement and an agreement regarding the
recovery of costs of the abatement.
8. Cost Recovery.
a. In addition to the other remedies available under this chapter, an authorized official
may charge the costs of abatement to the landowner(s) who received the Notice of
Violation and Abatement or to the landowner(s) who were found personally liable for
the costs of abating the nuisance by an order issued by the Hearing Examiner if an
appeal was filed. The costs are due and payable 30 days from mailing of the invoice
and if not paid by that date shall bear interest at the rate of 12 percent per annum.
The costs shall be paid to the Department to which the authorized official is
assigned. In the case of persons designated by the Kittitas County fire marshal to
enforce Chapter 15.08, costs shall be paid to the Office of the Fire Marshal.
b. If more than one landowner has been issued a Notice of Violation and Abatement or
more than one appellant was found personally liable for the costs of abating the
nuisance by an order issued by the Hearing Examiner, each party shall be jointly and
severally liable for the costs of the abatement.
c. For purposes of this Section, "costs" shall include but are not limited to:
1. Personnel costs, both direct and indirect, including all attorney's fees and
costs incurred in the investigation, documentation, and abatement of the
nuisance;
2. Repair, demolition, hauling, clean up, storage, disposal, and environmental
mitigation expenses;
3. Actual expenses and costs of the County in preparing notices, specifications,
and contracts, and the costs of any required printing or mailing;
4. Actual expenses and costs of the County in accomplishing, contracting, or
inspecting the abatement work.
5. Penalties under to Chapter 18.05 KCC.
d. Any salvage value proceeds resulting from the abatement of the property shall first
be applied to the costs of abatement. Any remaining such monies shall be paid to the
landowner as shown on the last equalized assessment roll.
e. The County may impose a special assessment for the costs of any abatement
proceedings under this chapter and all other related costs against the real property
on which the nuisance was found or any of the work of abatement was performed.
9. Special Assessment.
Pursuant to RCW 36.32.120(10), all costs incurred by Kittitas County for the abatement of
any nuisance defined by any statute or ordinance shall be a special assessment upon land
or premises on which the nuisance is situated and this assessment and/or any penalties
under this title shall constitute a lien against the property which shall be of equal rank with
state, county, and municipal taxes. An authorized official shall cause a claim of lien to be
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filed for record in the Auditor's Office within ninety (90) days from a final finding. (Ord. 2009-
19, 2009)
Chapter 18.05
PENALTIES
Sections
18.05.010 Infraction Penalties.
18.05.020 Criminal Penalties.
18.05.030 Abatement.
18.05.010 Penalties.
1. A person found to have committed a civil infraction shall be assessed a monetary penalty.
The maximum penalty and default amount is $500 for each day of violation under this title,
not including statutory assessments. The minimum penalty shall be $250 for each day of
violation under this chapter, not including statutory assessments. The court may not reduce,
waive, or suspend the monetary penalty below the stated minimum. A person having been
issued a Notice of Violation and Abatement shall be subject to a penalty of $500 for each day
of violation under this title. This fine may not be reduced, waived, or suspended.
2. Each and every day of violation is a separate civil infraction subject to the above penalty per
day.
3. A person found to have committed a civil infraction shall be ordered to correct the violation.
Failure to do so shall result in an abatement action.
4. Whenever a monetary penalty is imposed by a court under this title, it is immediately payable
to the court. If the person is unable to pay at that time, the court may grant an extension of
the period in which the penalty may be paid. If the penalty is not paid on or before the time
established for payment, the court may proceed to collect the penalty in the same manner as
other civil judgments and may notify the county prosecuting attorney of the failure to pay.
The court shall also notify the respective county department of the failure to pay the penalty,
and the respective county department shall not issue the person any future permits for any
activities and/or work until the monetary penalty has been paid in full.
5. The court may also order restitution be paid to a damaged party by the person found to have
committed the infraction.
6. Any person who, through an act of commission or omission procures, aids or abets in the
violation shall be considered to have committed a violation for the purposes of the civil
penalty.
5.7. Whenever a Notice of Violation and Abatement has been issued by an authorized official and
the applicable appeals period has expired, the monetary penalty shall be immediately
payable to the Department to which the authorized official is assigned. Any such penalty not
paid within 30 days of the issuance of the notice or order affirming such notice shall bear
interest at the rate of 12 percent per annum. Nothing in this title limits the right of the County
to pursue other lawful remedies to fees, fines and costs imposed by this title. (Ord. 2009-19,
2009; Ord. 2006-37, 2006; Ord. 2005-29, 2005; Ord. 94-25 (part), 1994)
Chapter 18.07 SPECIAL PROVISIONS FOR THE ENFORCEMENT OF THE SHORELINE
MASTER PROGRAM
Sections
18.07.010 Authority and Purpose.
18.07.020 Definitions.
18.07.030 Collaborative Enforcement with the Department of Ecology.
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18.07.040 Appeals to the Shorelines Hearings Board.
18.06.050 Special Provisions for Shoreline Master Program Infractions.
18.07.010 Authority and Purpose
The Shoreline Management Act calls for a cooperative program between local government and the
state. It provides for a variety of means of enforcement, including civil and criminal penalties, orders
to cease and desist, orders to take corrective action, and permit recession. The provisions of WAC
173-27 adopted under RCW 90.58.200 and 90.58.210 implement the enforcement responsibilities of
the Department of Ecology and local government under the Shoreline Management Act. This
Chapter implements specific provisions of WAC 173-27 that should be used in enforcement of the
Shoreline Master Program and should be used in addition to other provisions of KCC Title 18 to
enforce Title 17B Shorelines.
18.07.020 Definitions.
The definitions in WAC 173-27-030 shall apply in KCC 18.07, except that the following definitions
shall apply when used in this part of the regulations:
1. “Permit” means any form of permission required under the Shoreline Management Act prior
to undertaking activity on shorelines of the state, including substantial development permits,
variances, conditional use permits, permits for oil or natural gas exploration activities,
permission which may be required for selective commercial timber harvesting, and shoreline
exemptions; and
2. “Exemption” means authorization from local government which establishes that an activity is
exempt from substantial development permit requirements under WAC 173-27-040, but
subject to regulations of the act and the local master program.
18.07.030 Collaborative Enforcement with the Department of Ecology
1. A person who fails to conform to the terms of a shoreline permit issued under RCW
90.58.140, who undertakes a development or use on shorelines of the state without first
obtaining a permit, or who fails to comply with an infraction corrective order issued for
violation of the Shoreline Master Program under this Title may be subject to a civil penalty
pursuant to KCC 18.05.
2. The Department of Ecology may impose a penalty jointly with the County, or alone only upon
an additional finding that a person:
a. Has previously been subject to an enforcement action for the same or similar type of
violation of the same statute or rule; or
b. Has been given previous notice of the same or similar type of violation of the same
statute or rule; or
c. The violation has a probability of placing a person in danger of death or bodily harm;
or
d. Has a probability of causing more than minor environmental harm; or
e. Has a probability of causing physical damage to the property of another in an amount
exceeding one thousand dollars.
3. In the alternative, a penalty may be issued to a person by the Department of Ecology alone,
or jointly with the County for violations which do not meet the criteria of subsection 1.a
through e of this chapter, after the following information has been provided in writing to a
person through a technical assistance visit or a notice of correction:
a. A description of the condition that is not in compliance and a specific citation to the
applicable law or rule;
b. A statement of what is required to achieve compliance;
c. The date by which compliance is required to be achieved;
d. Notice of the means to contact any technical assistance services provided by the
agency or others; and
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a.e. Notice of when, where, and to whom a request to extend the time to achieve
compliance for good cause may be filed with the Department of Ecology.
Furthermore, no penalty shall be issued by the Department of Ecology until the
individual or business has been given a reasonable time to correct the violation and
has not done so.
18.07.040 Appeals to the Shorelines Hearings Board
Persons incurring a penalty imposed by the Department of Ecology or imposed jointly by the
Department of Ecology and the County may appeal the same to the shorelines hearings board,
pursuant to WAC 173-27-290. Appeals to the shorelines hearings board are adjudicatory
proceedings subject to the provisions of chapter 34.05 RCW. Persons incurring a penalty imposed
by the County may follow appeal/contesting procedures of KCC 18.02 and KCC 18.04.
18.06.050 Damages and Attorney’s Fees
Private persons shall have the right to bring suit for damages under RCW 90.58.230 on their own
behalf and on the behalf of all persons similarly situated. If liability has been established through
abatement proceedings according to KCC 18.05.030, the court shall make provision to assure that
restoration will be accomplished within a reasonable time at the expense of the violator. In addition
to such relief, including money damages, the court in its discretion may award attorney’s fees and
costs of the suit to prevailing party.
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EXHIBIT D
Kittitas County Shoreline Master Program Update
Board of County Commissioners
Description: Ordinance Adopting New Kittitas County Code Title 17B Shorelines
The Kittitas County Code table of contents is amended and a new Title 17B is adopted as
follows:
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Kittitas County Code
Table of Contents
Title 1 General Provisions
Title 2 Administration and Personnel
Title 3 Revenue and Finance
Title 4 Fee Schedules
Title 5 Business Licenses and Regulations
Title 6 Animals
Title 7 Reserved
Title 8 Health, Welfare, and Sanitation
Title 9 Public Peace, Safety, and Morals
Title 10 Vehicles and Traffic
Title 11 Reserved
Title 12 Roads and Bridges
Title 13 Water and Sewers
Title 14 Buildings and Construction
Title 15 Environmental Policy
Title 15A Project Permit Application Process
Title 15B Amendments to County Plans, Codes, and Standards
Title 16 Subdivisions
Title 17 Zoning
Title 17A Critical Areas
Title 17B Shorelines
Title 18 Code Enforcement
Title 19 Airports
Title 20 Fire and Life Safety
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Kittitas County Code
Title 17B | Shorelines
Chapters
17B.01 Framework, purpose, principles and applicability.
17B.02 Definitions.
17B.03 Goals and objectives.
17B.04 Environment designations and management.
17B.05 General policies and regulations.
17B.06 Shoreline use and modification policies and regulations.
17B.07 Administration and procedures.
17B.08 Appendix A.
17B.09 Appendix B.
Chapter 17B.01
FRAMEWORK AUTHORIZATION, PURPOSE, PRINCIPLES, AND APPLICABILITY
Sections
17B.01.010 The Shoreline Management Act.
17B.01.020 Scope and jurisdiction of the Shoreline master program.
17B.01.030 Purpose and intent.
17B.01.040 Title and references.
17B.01.050 Public involvement process, advisory committee and agency coordination.
17B.01.060 Relationship to other plans.
17B.01.070 Applicability.
17B.01.080 Governing principles.
17B.01.090 Severability.
17B.01.100 Effective date.
17B.01.010 The Shoreline Management Act.
The Washington State Shoreline Management Act (also referred to in this document as SMA or
the Act) was passed by the legislature in 1971 and adopted by a vote of Washington’s citizens
in a 1972 referendum (RCW 90.58). The goal of the Shoreline Management Act is “to prevent
the inherent harm in an uncoordinated and piecemeal development of the state’s shorelines.”
The Act also recognizes that “shorelines are among the most valuable and fragile” of the state’s
resources.
The Act provides for the management and protection of the state’s shoreline resources by
requiring planning for their reasonable and appropriate use. The area regulated under the Act
includes lands within two hundred (200) feet of designated shorelines as well as certain
wetlands, river deltas, floodways and floodplains associated with such shorelines.
The SMA establishes a balance of authority between local and state governments. Cities and
counties have the primary review responsibility for development along their shorelines, and the
state (through the Washington State Department of Ecology) has authority to review local
master programs and local shoreline development permit decisions.
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17B.01.020 Scope and jurisdiction of the Shoreline master program.
The Shoreline Management Act (SMA) applies to all 39 counties and more than 200 cities in
Washington State that have "shorelines of the state" (RCW 90.58.030(2)) within their
jurisdictional boundaries. Shorelines of the state include:
• All marine waters;
• Streams with greater than twenty cubic feet per second (20 cfs) mean annual flow;
• Lakes twenty (20) acres or larger;
• Upland areas called shorelands that extend two hundred (200) feet landward, in all
directions on a horizontal plane, from the edge of the ordinary high water mark (OHWM)
of these waters; and
• The following areas when they are associated with one of the above:
o Wetlands and river deltas; and
o Floodways and contiguous floodplain areas landward two hundred (200) feet
from such floodways.
The Act recognizes that certain waters are so important to citizens that they necessitate a
special status for classification and protection. These are “shorelines of statewide significance.”
The Act lists the following criteria for defining “shorelines of statewide significance” in Eastern
Washington:
Any [natural rivers or segments thereof] east of the crest of the Cascade range
downstream of a point where the annual flow is measured at two hundred cubic
feet per second or more, or those portions of rivers east of the crest of the
Cascade range downstream from the first three hundred square miles of
drainage area, whichever is longer. (RCW 90.58.030(2)(f)(v)(B))
All or portions of the following water bodies in Kittitas County are shorelines of statewide
significance:
• Cle Elum River
• Columbia River
• Kachess River
• Little Naches River
• Teanaway River
• Yakima River
• Priest Rapids Dam Reservoir
• Wanapum Dam Reservoir
• Cle Elum Lake
• Keechelus Lake
• Kachess Lake
In Kittitas County, shoreline jurisdiction includes: all shorelines of the state; upland areas
(shorelands) within two hundred (200) feet of the ordinary high water mark of those waters;
associated wetlands and river deltas; and floodways and contiguous floodplain areas landward
two hundred (200) feet from such floodways. A set of shoreline environment designation maps
depicting the updated jurisdictional areas are included as Appendix A to this SMP. Shoreline
environment designation descriptions are included in Appendix B. Depictions of the shoreline
jurisdiction boundaries are for information purposes only and need to be confirmed in the field.
17B.01.030 Purpose and intent.
The purpose and intent of this SMP is to:
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1. To promote the public health, safety and general welfare of the community by providing long
range, comprehensive policies and effective, reasonable regulations for development and
use of shorelines within Kittitas County;
2. To manage shorelines in a positive, effective and equitable manner;
3. To assume and carry out the County’s responsibilities established by the Act; and
4. To implement RCW 90.58.020 for shorelines of the state:
It is the policy of the state to provide for the management of the shorelines of the state by
planning for and fostering all reasonable and appropriate uses. This policy is designed to insure
the development of these shorelines in a manner which, while allowing for limited reduction of
rights of the public in the navigable waters, will promote and enhance the public interest. This
policy contemplates protecting against adverse effects to the public health, the land and its
vegetation and wildlife, and the waters of the state and their aquatic life, while protecting
generally public rights of navigation and corollary rights incidental thereto.
The legislature declares that the interest of all of the people shall be paramount in the
management of shorelines of statewide significance. The department, in adopting guidelines for
shorelines of statewide significance, and local government, in developing master programs for
shorelines of statewide significance, shall give preference to uses in the following order of
preference which:
(1) Recognize and protect the statewide interest over local interest;
(2) Preserve the natural character of the shoreline;
(3) Result in long term over short term benefit;
(4) Protect the resources and ecology of the shoreline;
(5) Increase public access to publicly owned areas of the shorelines;
(6) Increase recreational opportunities for the public in the shoreline;
(7) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or
necessary.
In the implementation of this policy the public's opportunity to enjoy the physical and aesthetic
qualities of natural shorelines of the state shall be preserved to the greatest extent feasible
consistent with the overall best interest of the state and the people generally. To this end uses
shall be preferred which are consistent with control of pollution and prevention of damage to the
natural environment or are unique to or dependent upon use of the state's shoreline. Alterations
of the natural condition of the shorelines of the state, in those limited instances when
authorized, shall be given priority for single family residences, ports, shoreline recreational uses
including but not limited to parks, marinas, piers, and other improvements facilitating public
access to shorelines of the state, industrial and commercial developments which are particularly
dependent on their location on or use of the shorelines of the state, and other development that
will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the
state.
Permitted uses in the shorelines of the state shall be designed and conducted in a manner to
minimize, insofar as practical, any resultant damage to the ecology and environment of the
shoreline area and any interference with the public's use the water.
17B.01.040 Title and references.
This Document shall be known and may be cited as the “Kittitas County Shoreline Master
Program.” This document may be referred to herein as the “Program,” “Master Program,”
“Shoreline Master Program,” or “SMP.” Definitions referenced from WAC 173-26-020 are
provided in Chapter 2, including “may”, “must”, “shall”, and “should” which have specific
meaning for implementation of the Shoreline Management Act.
17B.01.050 Public involvement process, advisory committee and agency coordination.
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1. Public information and outreach
This SMP was updated as part of a multi-jurisdictional update process with Kittitas County
serving as project lead. The participating jurisdictions were Kittitas County, the City of
Ellensburg, the City of Cle Elum, and the Town of South Cle Elum. The participating
jurisdictions involved the public throughout the update effort consistent with the Shoreline
Management Act (see RCW 90.58.130) and the SMP Guidelines (WAC 173-26-090). As project
lead, Kittitas County prepared a public participation plan that identified specific objectives, key
stakeholders, and timelines for public participation activities.
2. Multi-jurisdictional SMP update coordination
The SMP update process was closely coordinated among the participating jurisdictions. An
interlocal agreement was adopted to define the responsibilities of each jurisdiction and allocate
resources from a Washington State Department of Ecology grant.
Kittitas County provided the primary professional and clerical support and was responsible for
project management and contracting. Staff assigned by the Cities and Town coordinated local
efforts on shorelines within their respective municipal boundaries.
The County coordinated the SMP update process with Washington State Department of
Ecology (Ecology), Washington State Department of Fish and Wildlife (WDFW), tribal
governments and other state agencies as required in the SMP update guidelines. In addition,
the County consulted with other entities for scientific, technical or cultural information including
federal agencies, watershed planning units, conservation districts, public utility districts, and
other institutions as needed.
All participating jurisdictions were responsible for reviewing and commenting on recommended
shoreline environment designations and the goals, policies, and use regulations associated with
those designations as well as the various supporting documents including but not limited to:
inventory characterization reports, restoration plans and cumulative impact analysis. Each
jurisdiction was responsible for approving the final SMP through local adoption processes.
3. Shoreline visioning process
To kick-off the process of developing the regional SMP, community-wide visioning sessions
were held in Ellensburg and Cle Elum to gather input on how the shoreline areas should look
five (5) to ten (10) years from now. Community visioning questionnaires were also distributed
widely throughout the County to solicit feedback. Community members provided input on topics
such as public access, water-related and water-dependent uses, recreation, restoration
activities and more. A summary of the community visioning process can be found in the
Community Visioning Report dated October 2012.
4. Regional Shoreline Master Program website
A web page was developed and hosted on the Kittitas County website to share information
about the regional SMP update process and to provide opportunities for the public to submit
comments and input.
The webpage contained a range of information and documentation related to the development
of the SMP update process including:
- background materials
- public participation plan and process timeline
- frequently asked questions
- information on how to participate in the process
- community visioning questionnaire
- information on advisory committees
- meeting materials and summaries
- key contacts
The webpage was kept current and maintained throughout the duration of the update.
5. Technical Advisory Committee
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Kittitas County, with input from the Cities and Town invited a group of representatives within the
scientific community from statewide agencies, the Yakama Nation, the private sector, and
academia to participate on the Technical Advisory Committee (TAC). The purpose of the TAC
was to help focus technical discussions and identify key technical and policy issues associated
with the SMP update process. The TAC provided input on data inventory and materials
collection, shoreline characterization, shoreline analysis, shoreline designations, shoreline
restoration, and monitoring and enforcement efforts. The TAC met monthly between April 2012
and August 2012. Meetings were open to the public.
6. Open public forums and public meeting events
Open public forums (i.e., public meetings, open houses, workshops) were used throughout the
regional SMP update process. They were deployed as an early action strategy to improve
public knowledge and investment in the regional SMP update process. Later in the update
process, open public forums provided opportunities for the jurisdictions to present draft goals,
policies, and regulations, as well as a place for citizens to provide comments and input on the
draft goals, policies and regulations. Open public forums were held in July 2012 (two open
houses), September 2012 (community visioning workshop), November 2012 (open house) and
January 2014 (open house). Additional targeted outreach was conducted by County staff by
attending a regular meeting or meeting with individuals of the following groups: Central
Washington Homebuilders Association, Kiwanis of Ellensburg and Cle Elum, the Kittitas Field
and Stream Club, the Kittitas County Farm Bureau, and the Washington Cattlemen’s
Association.
7. Citizen Advisory Committee
The Citizen Advisory Committee (CAC) was established to finalize recommendations on
environment designations, goals, policies, and use regulations. Representatives were selected
by each of the four participating jurisdictions. The jurisdictions coordinated their selections to
achieve a diverse mix of interests including agriculture, recreation, power generation, real
estate/development, environment, sporting and conservation. Invitations to participate were also
extended to the Washington State Departments of Ecology, Natural Resources, and Fish and
Wildlife, and the Yakama Indian Nation. The committee began meeting in October 2012 and
continued through December 2013. Meetings were open to the public.
17B.01.060 Relationship to other plans.
The Growth Management Act (GMA) defines shoreline master program policies as a part of the
local comprehensive plan:
For shorelines of the state, the goals and policies of the shoreline management
act as set forth in RCW 90.58.020 are added as one of the goals of this chapter
as set forth in RCW 36.70A 020. . . . The goals and policies of a shoreline master
program for a county or city approved under RCW Chapter 90.58 shall be
considered an element of the county or city's comprehensive plan. All other
portions of the shoreline master program for a county or city adopted under RCW
Chapter 90.58, including use regulations, shall be considered a part of the county
or city's development regulations. (RCW 36. 70A.480 (1))
Counties and cities that plan under the GMA are required, under RCW 36.70A, to ensure that
there is internal consistency between the comprehensive plan elements, future land use plan,
and implementing development regulations (including master programs.
The GMA also calls for coordination and consistency of comprehensive plans among local
jurisdictions:
The comprehensive plan of each county or city that is adopted pursuant to RCW
36.70A.040 shall be coordinated with, and consistent with, the comprehensive
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plans adopted pursuant to RCW 36.70A.040 of other counties or cities with which
the county or city has, in part, common borders or related regional issues. (RCW
36.70A.100)
This regional SMP update has been developed to comply with the GMA requirements for
internal consistency with each jurisdiction’s comprehensive plan and implementing regulations
as well as to ensure coordination and consistency between the County, Cities and Town.
17B.01.070 Applicability.
1. Unless specifically exempted below, all proposed uses and development occurring within
shoreline jurisdiction must conform to the intent and requirements of RCW Chapter 90.58,
the Shoreline Management Act, and this Program whether or not a permit or other form of
authorization is required. See Section 1.2 for the definition of shoreline jurisdiction; Chapter
7 for permit procedures; and Chapter 2 for definitions of uses, activities, and development.
2. The following activities are not considered “development” for the purpose of this SMP:
a. Interior building improvements that do not change the use or occupancy;
b. Exterior building maintenance activities, including painting and roofing, that do not
expand the existing footprint of the structure;
c. Routine landscape maintenance of established, ornamental landscaping, such as lawn
mowing, pruning and weeding; and
d. Maintenance of the following existing facilities that does not expand the affected area:
septic tanks (routine cleaning), wells, and individual utility service connections.
3. Development on non-federal land is subject to this SMP and must obtain a shoreline permit,
even if it is leased, rented, etc. to the federal government, unless the state has ceded
regulatory authority by statute.
4. Federal lands include, but are not limited to, national forests, national parks, national
wilderness areas, and lands owned by the Federal Bureau of Land Management
(BLM). The following subsections shall guide the determination of SMP applicability on
federal lands:
a. Federal development on federally owned land is not required to obtain a shoreline
permit, unless otherwise required by law, but shall be consistent to the maximum extent
practicable with this master program;
b. Non-federal activities, uses and development on federally owned land are subject to this
SMP and must obtain a shoreline permit;
5. As recognized by RCW 90.58.350, the provisions of this SMP shall not affect treaty rights of
Indian Nations or tribes.
17B.01.080 Governing principles.
The following principles, in conjunction with the policy statements of RCW 90.58.020, establish
the foundation for the goals, policies and regulations of this Program:
1. Any inconsistencies between this Program and the Act must be resolved in accordance with
the Act.
2. The policies of this Program may be achieved by diverse means including, but not limited to:
regulation of development; acquisition of lands and/or easements by purchase or gift; public
facility and park planning; watershed planning; voluntary salmon recovery projects; and
incentive programs.
3. Regulation of private property to implement Program goals must be consistent with all
relevant constitutional and other legal limitations including, but not limited to: civil rights
guaranteed by the U.S. and state constitutions, recent federal and state case law, and state
statutes.
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4. Regulatory or administrative actions contained herein must not unconstitutionally infringe on
private property rights or result in an unconstitutional taking of private property.
5. The waters of the state are owned by the citizens of the state. The property rights accrued to
the citizens of the state must not be infringed upon by activities that denigrate the value of
this ownership interest.
6. The regulatory provisions of this Program are limited to shorelines of the state, whereas the
planning functions of this Program may extend beyond the designated shoreline boundaries.
7. The policies and regulations established by the Regional Shoreline Master Program must be
integrated and coordinated with those policies and rules of the comprehensive plans and
development regulations adopted by the participating jurisdictions under the GMA.
8. Protecting the shoreline environment is an essential statewide policy goal, consistent with
other policy goals. Permitted and/or exempt development, actions taken prior to the Act’s
adoption, and/or unregulated activities can impair shoreline ecological processes and
functions. This Program protects the shoreline ecology from such impairments in the
following ways:
a. By using a process that identifies, inventories, and ensures meaningful understanding of
current and potential ecological functions provided by affected shorelines.
b. By including policies, regulations, and incentives designed to ensure all development,
including permit-exempt development, will not cause a net loss of shoreline ecological
function.
c. By including regulations and incentives designed to restore impaired ecological functions
where such functions have been identified, consistent with the Restoration Plan dated
April 2014.
d. By including policies and regulations to address cumulative impacts, including the
cumulative effect of exempt development, and by fairly allocating the burden of
addressing such impacts among development opportunities.
e. By including policies and regulations that coordinate shoreline management while
protecting private property rights, consistent with the public interest.
9. In light of other relevant local, state, and federal regulatory and non-regulatory programs,
the County will balance the policy goals of this Program to the extent consistent with the
policies of the Act and these governing principles, and modify this Program to reflect
changing circumstances.
17B.01.090 Severability.
Shall any chapter, section, subsection, paragraph, sentence, clause or phrase of this Program
be declared unconstitutional or invalid for any reason, such decision shall not affect the validity
of the remaining portions of this Program.
17B.01.100 Effective date.
This Program and all amendments thereto shall become effective 14 days after final approval by
Ecology.
Chapter 17B.02
DEFINITIONS
Sections
17B.02.005 Generally.
17B.02.010 Act.
17B.02.020 Administrator.
17B.02.030 Agricultural activities.
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17B.02.040 Agricultural products.
17B.02.050 Agricultural equipment and agricultural facilities.
17B.02.060 Agricultural land.
17B.02.070 Alluvial fan or alluvial fan hazard area.
17B.02.080 Amendment.
17B.02.090 Approval.
17B.02.100 Aquaculture.
17B.02.105 Average grade level.
17B.02.110 Avulsion.
17B.02.115 Boat launch ramp.
17B.02.120 Boat launch ramp, primitive.
17B.02.125 Boat launch ramp, public or community.
17B.02.130 Bulkhead.
17B.02.135 Channel migration zone (CMZ).
17B.02.140 Conditional use.
17B.02.145 Comprehensive master program update.
17B.02.150 Comprehensive plan.
17B.02.155 Critical areas.
17B.02.160 Critical aquifer recharge area (CARA).
17B.02.165 Critical facility.
17B.02.170 Dam.
17B.02.175 Degradation.
17B.02.180 Development.
17B.02.185 Development regulations.
17B.02.190 Ecological functions or shoreline functions.
17B.02.195 Ecological restoration.
17B.02.200 Ecologically intact shorelines.
17B.02.205 Ecosystem-wide processes.
17B.02.210 Enhancement.
17B.02.215 Environmental designation.
17B.02.220 Exempt.
17B.02.225 Fair market value.
17B.02.230 Feasible.
17B.02.235 Feedlot.
17B.02.240 Fill.
17B.02.245 Fish and wildlife habitat conservation area.
17B.02.250 Floodplain.
17B.02.255 Floodway.
17B.02.260 Frequently flooded areas.
17B.02.265 Geotechnical analysis or geotechnical report.
17B.02.270 Grading.
17B.02.275 Groundwater.
17B.02.280 Height.
17B.02.285 High intensity agricultural activities.
17B.02.290 Hobby farm.
17B.02.295 Hyporheic zone.
17B.02.300 In-stream structure.
17B.02.305 Lake.
17B.02.310 Limited master program amendment.
17B.02.315 Local government.
17B.02.320 Marine.
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17B.02.325 Master program or Shoreline master program or Program.
17B.02.330 May.
17B.02.335 Mineral prospecting.
17B.02.340 Mining.
17B.02.345 Must.
17B.02.350 Natural or existing topography.
17B.02.355 Nonconforming structure.
17B.02.360 Nonconforming use.
17B.02.365 Non-water-oriented uses.
17B.02.370 Ordinary high water mark (OHWM)
17B.02.375 Permit.
17B.02.380 Priority habitat.
17B.02.385 Priority species.
17B.02.390 Program.
17B.02.395 Provisions.
17B.02.400 Public interest.
17B.02.405 Qualified professional.
17B.02.410 Rehabilitation.
17B.02.415 Restore, restoration, or ecological restoration.
17B.02.420 Riverine erosion hazard areas.
17B.02.425 Setback.
17B.02.430 Shall.
17B.02.435 Shorelands or shoreland areas.
17B.02.440 Shoreline areas and shoreline jurisdiction.
17B.02.445 Shoreline functions.
17B.02.450 Shoreline master program.
17B.02.455 Shoreline modifications.
17B.02.460 Shorelines.
17B.02.465 Shorelines of statewide significance.
17B.02.470 Shorelines of the state.
17B.02.475 Should.
17B.02.480 Significant vegetation removal.
17B.02.485 State master program.
17B.02.490 Structure.
17B.02.495 Structure, in-stream.
17B.02.500 Substantial development.
17B.02.505 Transmit.
17B.02.510 Type F water.
17B.02.515 Type Np water.
17B.02.520 Type Ns water.
17B.02.525 Type S water.
17B.02.530 Water-dependent use.
17B.02.535 Water-enjoyment use.
17B.02.540 Water-oriented use.
17B.02.545 Water quality.
17B.02.550 Water-related use.
17B.02.555 Water system.
17B.02.560 Wetland creation.
17B.02.565 Wetland restoration.
17B.02.570 Wetlands.
17B.02.575 Variance.
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17B.02.580 Vessel.
17B.02.585 Acronym list.
17B.02.005 Generally.
The terms used throughout this title shall be defined and interpreted as indicated below. When
consistent with the context, words used in the present tense shall include the future; the singular
shall include the plural, and the plural the singular. Definitions established by WAC 173 have
been incorporated herein; and should these definitions in the WAC be amended, the most
current WAC definition shall apply.
17B.02.010 Act.
"Act" means the Washington State Shoreline Management Act, RCW Chapter 90.58.
17B.02.020 Administrator.
"Administrator" means the director of the Kittitas County Community Development Services or
designee.
17B.02.030 Agricultural activities.
"Agricultural activities" means agricultural uses and practices including, but not limited to:
Producing, breeding, or increasing agricultural products; rotating and changing agricultural
crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but
left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse
agricultural market conditions; allowing land used for agricultural activities to lie dormant
because the land is enrolled in a local, state, or federal conservation program, or the land is
subject to a conservation easement; conducting agricultural operations; maintaining, repairing,
and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities,
provided that the replacement facility is no closer to the shoreline than the original facility; and
maintaining agricultural lands under production or cultivation.
17B.02.040 Agricultural products.
"Agricultural products" includes, but is not limited to, horticultural, viticultural, floricultural,
vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or
forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as
crops and harvested within twenty (20) years of planting; and livestock including both the
animals themselves and animal products including, but not limited to, meat, upland finfish,
poultry and poultry products, and dairy products.
17B.02.050 Agricultural equipment and agricultural facilities.
"Agricultural equipment" and "agricultural facilities" includes, but is not limited to:
1. The following used in agricultural operations: Equipment; machinery; constructed shelters;
buildings and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal,
conveyance, and use equipment and facilities including, but not limited to, pumps, pipes,
tapes, canals, ditches, and drains;
2. Corridors and facilities for transporting personnel, livestock, and equipment to, from, and
within agricultural lands;
3. Farm residences and associated equipment, lands, and facilities; and
4. Roadside stands and on-farm markets for marketing fruit or vegetables.
17B.02.060 Agricultural land.
"Agricultural land" means those specific land areas on which agricultural activities are
conducted as of the date of adoption of a local master program pursuant to these guidelines as
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evidenced by aerial photography or other documentation. After the effective date of the master
program, land converted to agricultural use is subject to compliance with the requirements of the
master program.
17B.02.070 Alluvial fan or alluvial fan hazard area.
"Alluvial fan" or "Alluvial fan hazard area" is a low, outspread, relatively flat-to- gentle sloping
features deposited by a stream at the transitional area between valley floodplains and steep
mountain slopes. Channel pattern is highly variable, often dependent on substrate size and age
of the landform. Channels may change course frequently, resulting in a multi-branched stream
network. Channels can also be deeply incised within highly erodible alluvial material.
17B.02.080 Amendment.
"Amendment" means a revision, update, addition, deletion, and/or reenactment to an existing
shoreline master program.
17B.02.090 Approval.
"Approval" means an official action by a local government legislative body agreeing to submit a
proposed shoreline master program or amendments to the Washington State Department of
Ecology for review and official action pursuant to this chapter; or an official action by the
Washington State Department of Ecology to make a local government shoreline master
program effective, thereby incorporating the approved shoreline master program or amendment
into the state master program.
17B.02.100 Aquaculture.
"Aquaculture" means the culture or farming of fish, shellfish, or other aquatic plants and
animals. Aquaculture does not include the harvest of wild geoduck associated with the state
managed wildstock geoduck fishery.
17B.02.105 Average grade level.
"Average grade level" means the average of the natural or existing topography of the portion
of the lot, parcel, or tract of real property which will be directly under the proposed building or
structure. In the case of structures to be built over-water, average grade level shall be the
elevation of the ordinary high water mark (OHWM). Calculation of the average grade level shall
be made by averaging the ground elevations at the midpoint of all exterior walls of the proposed
building or structure.
17B.02.110 Avulsion.
"Avulsion" means a sudden cutting off or separation of land by a flood breaking through a
meander or by a sudden change in current whereby the stream deserts its old channel for a new
one.
17B.02.115 Boat launch ramp.
"Boat launch ramp" means a graded slope, slab, pad, plank or rail used for launching boats by
means of a trailer, hand, or mechanical device.
17B.02.120 Boat launch ramp, primitive.
"Boat launch ramp, primitive" means a boat launch ramp designed to facilitate hand
launching of small crafts provided the materials and design are compatible with the site.
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17B.02.125 Boat launch ramp, public or community.
"Boat launch ramp, public or community" means a boat launch ramp owned or operated by
a public entity or privately owned or operated and open to the public or community group (e.g.,
homeowner’s association).
17B.02.130 Bulkhead.
"Bulkhead" means a wall-like, shoreline armoring structure such as a revetment that is placed
parallel to the shoreline (at or near the OHWM) primarily for retaining uplands, stabilizing
shoreline and fills, and prone to sliding or sheet erosion and to protect uplands and fills from
erosion by waves or currents.
17B.02.135 Channel migration zone (CMZ).
"Channel migration zone (CMZ)" means the area along a river within which the channel(s)
can be reasonably predicted to migrate over time as a result of natural and normally occurring
hydrological and related processes when considered with the characteristics of the river and its
surroundings.
17B.02.140 Conditional use.
"Conditional use" means a use, development, or substantial development which is classified
as a conditional use or is not classified within the master program.
17B.02.145 Comprehensive master program update.
"Comprehensive master program update" means a master program that fully achieves the
procedural and substantive requirements of the Washington State Department of Ecology’s
shoreline master program guidelines effective January 17, 2004, as now or hereafter amended.
17B.02.150 Comprehensive plan.
"Comprehensive plan" means the current comprehensive plan of the County, adopted by the
Board pursuant to State law.
17B.02.155 Critical areas.
"Critical areas" includes the following areas and ecosystems: (a) Wetlands; (b) areas with a
critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat
conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas. "Fish
and wildlife habitat conservation areas" do not include such artificial features or constructs as
irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie
within the boundaries of and are maintained by a port district or an irrigation district or company.
17B.02.160 Critical aquifer recharge area (CARA).
"Critical aquifer recharge area (CARA)" means an area designated by WAC 365-190-100
that is determined to have a critical recharging effect on aquifers (i.e., maintain the quality and
quantity of water) used for potable water as defined by WAC 365-190-030(3).
17B.02.165 Critical facility.
"Critical facility" means a facility for which even a slight chance of flooding, inundation, or
impact from a hazard event might be too great. Critical facilities include, but are not limited to,
schools, nursing homes, hospitals, police, fire and emergency response installations, and
installations that produce, use, or store hazardous materials or hazardous waste.
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17B.02.170 Dam.
"Dam" means a barrier or controlling and appurtenant works across a stream or river that does
or can confine, impound or regulate flow or raise water levels for purposes such as flood or
irrigation water storage, erosion control, power generation, or collection of sediment or debris.
17B.02.175 Degradation.
"Degradation" as it pertains to riverine morphology means the lowering of a streambed due to
such factors as increased scouring.
17B.02.180 Development.
"Development" means a use consisting of the construction or exterior alteration of structures,
dredging, drilling, dumping, filling; removal of any sand, gravel or minerals; bulkheading; driving
of pilings; placing of obstructions; interior building improvements that do not change the use or
occupancy; or any project of a permanent or temporary nature that interferes with the normal
public use of the surface of the waters overlying lands subject to the Shoreline Management Act
at any stage state of water level. Residential development includes single-family development,
multi-family development, and the creation of new residential lots through subdivision.
17B.02.185 Development regulations.
"Development regulations" means the controls placed on development or land uses by a
county or city, including, but not limited to, zoning ordinances, critical areas ordinances, all
portions of a shoreline master program other than goals and policies approved or adopted under
RCW Chapter 90.58, planned unit development ordinances, subdivision ordinances, and
binding site plan ordinances, together with any amendments thereto.
17B.02.190 Ecological functions or shoreline functions.
"Ecological functions" or "shoreline functions" means the work performed or role played by
the physical, chemical, and biological processes that contribute to the maintenance of the
aquatic and terrestrial environments that constitute the shoreline's natural ecosystem. See WAC
173-26-201(2)(c).
17B.02.195 Ecological restoration.
"Ecological restoration" see definition for "restore.”
17B.02.200 Ecologically intact shorelines.
"Ecologically intact shorelines" means those shoreline areas that retain the majority of their
natural shoreline functions, as evidenced by the shoreline configuration and the presence of
native vegetation, and provide valuable functions for the larger aquatic and terrestrial
environments which could be lost or significantly reduced by human development. Ecologically
intact shoreline areas range from larger reaches that may include multiple properties to small
areas located within a single property and are generally free of structural shoreline
modifications, structures, and intensive human uses.
17B.02.205 Ecosystem-wide processes.
"Ecosystem-wide processes" means the suite of naturally occurring physical and geologic
processes of erosion, transport, and deposition; and specific chemical processes that shape
landforms within a specific shoreline ecosystem and determine both the types of habitat and the
associated ecological functions.
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17B.02.210 Enhancement.
"Enhancement" means actions performed within an existing degraded shoreline, critical area,
and/or buffer to intentionally increase or augment one or more ecological functions or values of
the existing area. Enhancement actions include, but are not limited to, increasing plant diversity
and cover; increasing wildlife habitat and structural complexity (snags, woody debris); installing
environmentally compatible erosion controls; removing non-indigenous plant or animal species;
or removing human-made structures or fill that are degrading ecological functions or values.
17B.02.215 Environmental designation.
"Environmental designation" means a categorical classification of a land parcel that reflects
the biological and physical character of the shoreline, as well as the type of development that
has or should take place in a given area.
17B.02.220 Exempt.
“Exempt" developments are those set forth in WAC 173-27-040 and RCW 90.58.030(3)(e),
90.58.140(9), and 90.58.515 which are not required to obtain a substantial development permit
but which must otherwise comply with applicable provisions of the Act and the local master
program.
17B.02.225 Fair market value.
"Fair market value" of a development is the open market bid price for conducting the work,
using the equipment and facilities, and purchase of the goods, services and materials necessary
to accomplish the development. This would normally equate to the cost of hiring a contractor to
undertake the development from start to finish, including the cost of labor, materials, equipment
and facility usage, transportation and contractor overhead and profit. The fair market value of
the development shall include the fair market value of any donated, contributed or found labor,
equipment or materials.
17B.02.230 Feasible.
"Feasible" means, for the purpose of this chapter, that an action, such as a development
project, mitigation, or preservation requirement, meets all of the following conditions:
1. The action can be accomplished with technologies and methods that have been used in
the past in similar circumstances, or studies or tests have demonstrated in similar
circumstances that such approaches are currently available and likely to achieve the
intended results;
2. The action provides a reasonable likelihood of achieving its intended purpose;
3. The action does not physically preclude achieving the project's primary intended legal use;
and
4. In cases where these guidelines require certain actions unless they are infeasible, the
burden of proving infeasibility is on the applicant. In determining an action's infeasibility,
the reviewing agency may weigh the action's relative public costs and public benefits,
considered in the short- and long-term time frames.
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17B.02.235 Feedlot.
"Feedlot" means the use of structures or pens for the concentrated feeding or holding of
animals or poultry including, but not limited to, horses, cattle, sheep or swine. This definition
includes dairy confinement areas, slaughterhouses, shipping terminal holding pens, poultry
and/or egg production facilities and fur farms, but does not include animal husbandry and
normal farming practices.
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17B.02.240 Fill.
"Fill" means any solid or semi-solid material that when placed, changes the grade or elevation
of the receiving site, including the addition of soil, sand, rock, gravel, sediment, earth retaining
structure, or other material to an area waterward of the ordinary high water mark (OHWM), in
wetlands, or on shorelands in a manner that raises the elevation or creates dry land.
17B.02.245 Fish and wildlife habitat conservation area.
"Fish and wildlife habitat conservation area" means Fish and Wildlife Habitat Conservation
Areas (FWHCA) that serve a critical role in sustaining needed habitats and species for the
functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the
species will persist over the long term. These areas may include, but are not limited to, rare or
vulnerable ecological systems; communities; and habitat or habitat elements including seasonal
ranges, breeding habitat, winter range, and movement corridors; and areas with high relative
population density or species richness. These areas do not include such artificial features or
constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage
ditches that lie within the boundaries of and are maintained by a port district or an irrigation
district or company.
17B.02.250 Floodplain.
"Floodplain" is synonymous with one hundred-(100)-year floodplain and means that land area
susceptible to inundation with a one percent (1%) chance of being equaled or exceeded in any
given year. The limit of this area shall be based upon flood ordinance regulation maps or a
reasonable method which meets the objectives of the Act.
17B.02.255 Floodway.
"Floodway" means the area, as identified in a master program, that either:
1. Has been established in federal emergency management agency flood insurance rate
maps or floodway maps (defined as the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood (one
hundred-(100)-year flood) without cumulatively increasing water surface elevation more
than a designated height of one (1) foot); or
2. Consists of those portions of a river valley lying streamward from the outer limits of a
watercourse upon which flood waters are carried during periods of flooding that occur with
reasonable regularity, although not necessarily annually; said floodway being identified,
under normal condition, by changes in surface soil conditions or changes in types or
quality of vegetative ground cover condition, topography, or other indicators of flooding
that occur with reasonable regularity, although not necessarily annually. Regardless of the
method used to identify the floodway, the floodway shall not include those lands that can
reasonably be expected to be protected from flood waters by flood control devices
maintained by or maintained under license from the federal government, the state, or a
political subdivision of the state.
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17B.02.260 Frequently flooded areas.
"Frequently flooded areas" means lands in the floodplain subject to a one percent (1%) or
greater chance of flooding in any given year, or within areas subject to flooding due to high
groundwater and those lands that provide important flood storage, conveyance, and attenuation
functions. These areas include, but are not limited to, streams, rivers, lakes, wetlands, and
areas where high groundwater forms ponds on the ground surface. As designated and classified
determined by a local government in accordance with WAC 365-190-110. Classifications of
frequently flooded areas include, at a minimum, the one hundred-(100)-year floodplain
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designations of the Federal Emergency Management Agency and the National Flood Insurance
Program.
17B.02.265 Geotechnical analysis or geotechnical report.
"Geotechnical analysis" or "geotechnical report" means a scientific study or evaluation
conducted by a qualified expert that includes a description of the ground and surface hydrology
and geology, the affected land form and its susceptibility to mass wasting, erosion, and other
geologic hazards or processes, conclusions and recommendations regarding the effect of the
proposed development on geologic conditions, the adequacy of the site to be developed, the
impacts of the proposed development, alternative approaches to the proposed development,
and measures to mitigate potential site-specific and cumulative geological and hydrological
impacts of the proposed development, including the potential adverse impacts to adjacent and
down-current properties. Geotechnical reports shall conform to accepted technical standards
and must be prepared by qualified professional engineers or geologists who have professional
expertise about the regional and local shoreline geology and processes.
17B.02.270 Grading.
"Grading" means the movement or redistribution of the soil, sand, rock, gravel, sediment, or
other material on a site in a manner that alters the natural contour of the land.
17B.02.275 Groundwater.
"Groundwater" means all the water that exists beneath the land surface or beneath the bed of
any stream, lake or reservoir, or other body of surface water, whatever may be the geological
formation or structure in which such water stands or flows, percolates or otherwise moves.
17B.02.280 Height.
"Height" is measured from average grade level to the highest point of a structure: provided,
that television antennas, chimneys, and similar appurtenances shall not be used in calculating
height, except where such appurtenances obstruct the view of the shoreline of a substantial
number of residences on areas adjoining such shorelines, or the applicable master program
specifically requires that such appurtenances be included; provided further, that temporary
construction equipment is excluded in this calculation.
17B.02.285 High intensity agricultural activities.
“High intensity agricultural activities” means dairies, animal feed lots, nurseries,
greenhouses, and like uses which are commercially operated.
17B.02.290 Hobby farm.
“Hobby farm” means a primary residence with an associated small farm, operated for pleasure
or supplemental income, where the resident(s) and/or property owner(s) conduct agricultural
activities similar to high intensity agricultural activities.
17B.02.295 Hyporheic zone.
“Hyporheic zone” is the region beneath and alongside a stream bed, where there is mixing of
shallow groundwater and surface water.
17B.02.300 In-stream structure.
"In-stream structure" is a structure, other than a pier or dock, which is placed waterward of the
ordinary high water mark and either causes or has the potential to cause water impoundment or
the diversion, obstruction, or modification of water flow. In-stream structures include natural
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materials that are installed or repositioned by humans, such as root wads and log jams, for
purposes of stream restoration or shoreline stabilization.
17B.02.305 Lake.
"Lake" means a body of standing water in a depression of land or expanded part of a stream, of
twenty (20) acres or greater in total surface area, including reservoirs. A lake is bounded by the
ordinary high water mark (OHWM), or where a stream enters the lake, the extension of the
lake's OHWM within the stream.
17B.02.310 Limited master program amendment.
"Limited master program amendment" means a master program amendment that addresses
specific procedural and/or substantive topics and which is not intended to meet the complete
requirements of a comprehensive master program update.
17B.02.315 Local government.
"Local government" means any county, incorporated city or town which contains within its
boundaries shorelines of the state subject to RCW Chapter 90.58.
17B.02.320 Marine.
"Marine" means pertaining to tidally influenced waters, including oceans, sounds, straits,
marine channels, and estuaries, including the Pacific Ocean, Puget Sound, Straits of Georgia
and Juan de Fuca, and the bays, estuaries, and inlets associated therewith.
17B.02.325 Master program or Shoreline master program or Program.
"Master program" or "Shoreline master program" or “Program” means the comprehensive
use plan for a described area, the use regulations together with maps, diagrams, charts, or
other descriptive material and text, a statement of desired goals, and standards developed in
accordance with the policies enunciated in RCW 90.58.020 and the applicable guidelines. As
provided in RCW 36.70A.480, the goals and policies of a shoreline master program approved
under RCW Chapter 90.58 shall be considered an element of the county’s comprehensive plan.
All other portions of the county’s shoreline master program adopted under RCW Chapter 90.58,
including use regulations, shall be considered a part of the county’s development regulations.
17B.02.330 May.
"May" means the action is acceptable, provided it conforms to the provisions of this chapter.
17B.02.335 Mineral prospecting.
"Mineral prospecting" means to excavate, process, or classify aggregate using hand-held
mineral prospecting tools and mineral prospecting equipment, conducted according to the
provisions of WAC 220-110-200 through 220-110-206.
17B.02.340 Mining.
"Mining" means the removal of sand, gravel, soil, minerals, and other earth materials for
commercial and other uses. Mining does not include mineral prospecting conducted according
to WAC 220-110-200 through 220-110-206.
17B.02.345 Must.
"Must" means a mandate; the action is required.
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17B.02.350 Natural or existing topography.
"Natural or existing topography" means the topography of the lot, parcel, or tract of real
property immediately prior to any site preparation or grading, including excavation or filling.
17B.02.355 Nonconforming structure.
"Nonconforming structure" means a structure within the shoreline jurisdiction that was
lawfully established prior to the effective date of this master program, or through the variance
process, which does not conform to present setbacks, buffers, bulk, height or other
development standards.
17B.02.360 Nonconforming use.
“Nonconforming use” means a use which was lawfully established prior to the effective date
of this master program, or amendments thereto, but which does not conform to present
regulations or standards of this program, including procedural requirements such as those
requiring certain uses to obtain conditional use permit approval.
17B.02.365 Non-water-oriented uses.
"Non-water-oriented uses" means those uses that are not water-dependent, water-related, or
water-enjoyment.
17B.02.370 Ordinary high water mark (OHWM).
"Ordinary high water mark (OHWM)" on all lakes, streams, and tidal water means that mark
that will be found by examining the bed and banks and ascertaining where the presence and
action of waters are so common and usual, and so long continued in all ordinary years, as to
mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation
as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may
change thereafter in accordance with permits issued by a local government or the Washington
State Department of Ecology; provided that in any area where the OHWM cannot be found, the
OHWM salt water shall be the line of mean higher high tide and the OHWM adjoining freshwater
shall be the line of mean high water.
17B.02.375 Permit.
"Permit" means any substantial development, variance, conditional use permit, or revision
authorized under RCW Chapter 90.58.
17B.02.380 Priority habitat.
"Priority habitat" means a habitat type with a unique or significant value to one (1) or more
species. An area classified and mapped as priority habitat must have one (1) or more of the
following attributes: comparatively high fish or wildlife densities; comparatively high fish or
wildlife species diversity; fish spawning habitat; important wildlife habitat; important fish or
wildlife seasonal range; important fish or wildlife movement corridors; rearing and foraging
habitat; refuge; limited availability; high vulnerability to habitat alteration; unique or dependent
species; or shellfish beds. A priority habitat may be described by its unique vegetation type or
by a dominant plant species that is of primary importance to fish and wildlife (such as oak
woodlands or eelgrass meadows). A priority habitat may also be described by a successional
stage (such as old growth and mature forests). Alternatively, a priority habitat may consist of a
specific habitat element (such as talus slopes, caves, snags) of key value to fish and wildlife. A
priority habitat may contain priority and/or non-priority fish and wildlife (WAC 173-26-020(28)).
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17B.02.385 Priority species.
"Priority species" means species requiring protective measures and/or management
guidelines to ensure their persistence at genetically viable population levels. Priority species are
those that meet any of the criteria listed in W AC 173-26-020(29).
17B.02.390 Program.
"Program" see definition for "Master program."
17B.02.395 Provisions.
"Provisions" means policies, regulations, standards, guideline criteria or environment
designations.
17B.02.400 Public interest.
"Public interest" means the interest shared by the citizens of the state or community at large in
the affairs of government, or some interest by which their rights or liabilities are affected
including, but not limited to, an effect on public property or on health, safety, or general welfare
resulting from a use or development.
17B.02.405 Qualified professional.
"Qualified professional" means a person with experience and training with expertise
appropriate for the relevant subject. A qualified professional must have obtained a B.S. or B.A.
degree or have appropriate education and experience in biology, soil science, engineering,
environmental studies, fisheries, geology, geomorphology, or related field.
17B.02.410 Rehabilitation.
"Rehabilitation" means a type of restoration action intended to repair natural or historic
functions and processes. Activities could involve breaching a dike to reconnect wetlands to a
floodplain or other activities that restore the natural water regime.
17B.02.415 Restore, restoration, or ecological restoration.
"Restore," "restoration" or "ecological restoration" means the re-establishment or
upgrading of impaired ecological shoreline processes or functions. This may be accomplished
through measures including, but not limited to, re-vegetation, removal of intrusive shoreline
structures and removal or treatment of toxic materials. Restoration does not imply a requirement
for returning the shoreline area to aboriginal or pre-European settlement conditions.
17B.02.420 Riverine erosion hazard areas.
"Riverine erosion hazard areas" are located within the lateral extent of likely watercourse
channel movement due to bank destabilization and erosion, rapid incision, and shifts in location
of watercourse channels. Riverine erosion hazard areas are also referred to as channel
migration zones (CMZs).
17B.02.425 Setback.
"Setback" means the distance a building or structure is placed behind a specified limit such as
a lot line or shoreline buffer.
17B.02.430 Shall.
"Shall" means a mandate; the action must be done.
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17B.02.435 Shorelands or shoreland areas.
"Shorelands" or "shoreland areas" means those lands extending landward for two hundred
(200) feet in all directions as measured on a horizontal plane from the OHWM; floodways and
contiguous floodplain areas landward two hundred (200) feet from such floodways; and all
wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject
to the provisions of this chapter; the same to be designated as to location by the Washington
State Department of Ecology.
1. Any county or city may determine that portion of a one hundred-(100)-year-floodplain to be
included in its master program as long as such portion includes, as a minimum, the
floodway and the adjacent land extending landward two hundred (200) feet therefrom.
2. Any city or county may also include in its master program land necessary for buffers for
critical areas, as defined in RCW Chapter 36.70A, that occur within shorelines of the state,
provided that forest practices regulated under RCW Chapter 76.09, except conversions to
non-forest land use, on lands subject to the provisions of RCW 90.58.030(2)(d)(ii) are not
subject to additional regulations under this chapter.
17B.02.440 Shoreline areas and shoreline jurisdiction.
"Shoreline areas" and "shoreline jurisdiction" means all "shorelines of the state" and
"shorelands" as defined in RCW 90.58.030.
17B.02.445 Shoreline functions.
"Shoreline functions" see definition for "ecological functions."
17B.02.450 Shoreline master program.
"Shoreline master program" see definition for "Master program."
17B.02.455 Shoreline modifications.
"Shoreline modifications" means any human activity that changes the structure, hydrology,
habitat, and/or functions of a shoreline. Bulkheads, piers, docks, shoreline stabilization systems,
clearing and grading, application of chemicals, berms or significant vegetation removal, and
dikes are all examples of shoreline modifications.
17B.02.460 Shorelines.
"Shorelines" means all of the water areas of the state, including reservoirs, and their
associated shorelands, together with the lands underlying them; except (i) shorelines of
statewide significance; (ii) shorelines on segments of streams upstream of a point where the
mean annual flow is twenty cubic feet per second (20 cfs) or less and the wetlands associated
with such upstream segments; and (iii) shorelines on lakes less than twenty (20) acres in size
and wetlands associated with such small lakes.
17B.02.465 Shorelines of statewide significance.
"Shorelines of statewide significance" means the shorelines identified in RCW 90.58.030
which because of their elevated status require the optimum implementation of the Shoreline
Management Act’s policies. This includes all rivers with a mean annual flow of greater than two
hundred cubic feet per second (200 cfs) and lakes with surface areas of one thousand (1,000)
acres or more.
17B.02.470 Shorelines of the state.
"Shorelines of the state" are the total of all "shorelines" and "shorelines of statewide
significance" within the state.
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17B.02.475 Should.
"Should" means that the particular action is required unless there is a demonstrated,
compelling reason, based on policy of the Shoreline Management Act and this chapter, against
taking the action.
17B.02.480 Significant vegetation removal.
"Significant vegetation removal" means the removal or alteration of trees, shrubs, and/or
groundcover by clearing, grading, cutting, burning, chemical means, or other activity that causes
significant ecological impacts to functions provided by such vegetation. The removal of invasive
or noxious weeds does not constitute significant vegetation removal. Tree pruning, not including
tree topping where it does not affect ecological functions, does not constitute significant
vegetation removal.
17B.02.485 State master program.
"State master program" means the cumulative total of all shoreline master programs and
amendments thereto approved or adopted by rule by the Washington State Department of
Ecology.
17B.02.490 Structure.
"Structure" means a permanent or temporary edifice or building, or any piece of work artificially
built or composed of parts joined together in some definite manner, whether installed on, above,
or below the surface of the ground or water, except for vessels.
17B.02.495 Structure, in-stream.
"Structure, in-stream" see definition for "In-stream Structure."
17B.02.500 Substantial development.
"Substantial development" as defined by RCW 90.58.030(3)(e).
17B.02.505 Transmit.
"Transmit" means to send from one (1) person or place to another by mail or hand delivery.
The date of transmittal for mailed items is the date that the document is certified for mailing or,
for hand-delivered items, is the date of receipt at the destination.
17B.02.510 Type F water.
“Type F water” means streams and waterbodies that are known to be used by fish, or meet the
physical criteria to be potentially used by fish. Fish streams may or may not have flowing water
all year; they may be perennial or seasonal.
17B.02.515 Type Np water.
“Type Np water” means streams that have flow year round and may have spatially intermittent
dry reaches downstream of perennial flow. Type Np streams do not meet the physical criteria of
a Type F stream.
17B.02.520 Type Ns water.
“Type Ns water” means stream that do not have surface flow during at least some portion of
the year, and do not meet the physical criteria of a Type F water.
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17B.02.525 Type S water.
“Type S water” means streams and waterbodies that are designated as “shorelines of the
state.”
17B.02.530 Water-dependent use.
"Water-dependent use" means a use or portion of a use which cannot exist in a location that is
not adjacent to the water and which is dependent on the water by reason of the intrinsic nature
of its operations.
17B.02.535 Water-enjoyment use.
"Water-enjoyment use" means a recreational use or other use that facilitates public access to
the shoreline as a primary characteristic of the use; or a use that provides for recreational use or
aesthetic enjoyment of the shoreline for a substantial number of people as a general
characteristic of the use and which through location, design, and operation ensures the public's
ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a
water-enjoyment use, the use must be open to the general public and the shoreline-oriented
space within the project must be devoted to the specific aspects of the use that fosters shoreline
enjoyment.
17B.02.540 Water-oriented use.
"Water-oriented use" means a use that is water-dependent, water-related, or water-enjoyment,
or a combination of such uses.
17B.02.545 Water quality.
"Water quality" means the physical characteristics of water within shoreline jurisdiction,
including water quantity, hydrological, physical, chemical, aesthetic, recreation-related, and
biological characteristics. Where used in this chapter, the term "water quantity" refers only to
development and uses regulated under this chapter and affecting water quantity, such as
impermeable surfaces and stormwater handling practices. Water quantity, for purposes of this
chapter, does not mean the withdrawal of groundwater or diversion of surface water pursuant to
RCW 90.03.250 through 90.03.340.
17B.02.550 Water-related use.
"Water-related use" means a use or portion of a use which is not intrinsically dependent on a
waterfront location but whose economic viability is dependent upon a waterfront location
because:
1. The use has a functional requirement for a waterfront location such as the arrival or
shipment of materials by water or the need for large quantities of water; or
2. The use provides a necessary service supportive of the water-dependent uses and the
proximity of the use to its customers makes its services less expensive and/or more
convenient.
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17B.02.555 Water system.
"Water system" means any system providing water intended for, or used for, human
consumption, domestic uses, or commercial businesses. It includes, but is not limited to, the
source, purification, storage, transmission, pumping, and distribution facilities.
17B.02.560 Wetland creation.
“Wetland creation” means construction of a wetland in an area that was historically non-
wetland.
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17B.02.565 Wetland restoration.
"Wetland restoration" means restoration of original wetland hydrology, vegetation, and
functions at sites where wetlands existed previously, but where they have been impacted by
prior or surrounding land uses.
17B.02.570 Wetlands.
"Wetlands" means areas that are inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do support a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those
artificial wetlands intentionally created from non-wetland sites, including, but not limited to,
irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater
treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July
1, 1990, that were unintentionally created as a result of the construction of a road, street, or
highway. Wetlands may include those artificial wetlands intentionally created from non-wetland
areas to mitigate the conversion of wetlands.
17B.02.575 Variance.
"Variance" is a means to grant relief from the specific bulk, dimensional or performance
standards set forth in the applicable master program and not a means to vary a use of a
shoreline.
17B.02.580 Vessel.
"Vessel" includes ships, boats, barges, or any other floating craft which are designed and used
for navigation and do not interfere with the normal public use of the water.
17B.02.585 Acronym list.
ADA Americans with Disabilities Act
BLM Federal Bureau of Land Management
BMPs Best Management Practices
CAC Citizen advisory committee
CARA Critical aquifer recharge area
CERCLA Comprehensive Environmental Response, Compensation and Liability Act
CFS Cubic feet per second
CMZ Channel migration zone
EPA Environmental Protection Agency
FEMA Federal Emergency Management Agency
FWHCA Fish and wildlife habitat conservation area
GMA Growth Management Act
HPA Hydraulic project approval
ILF In-lieu fee
ICR Shoreline Inventory and Characterization Report
JARPA Joint aquatic resource permit
KCC Kittitas County Code
LAMIRD Limited areas of more intensive rural development
MTCA Model Toxics Control Act
OHWM Ordinary high water mark
RCW Revised Code of Washington
SMA Shoreline Management Act
SMP Shoreline Master Program
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TAC Technical advisory committee
TESC Temporary erosion and sediment control
UGA Urban Growth Area
WAC Washington Administrative Code
WDFW Washington State Department of Fish and Wildlife
WSDOT Washington State Department of Transportation
Chapter 17B.03
GOALS AND OBJECTIVES
Sections
17B.03.010 Conservation element.
17B.03.020 Shoreline use element.
17B.03.030 Economic development element.
17B.03.040 Public access element.
17B.03.050 Recreation element.
17B.03.060 Circulation element.
17B.03.070 Historical/cultural element.
17B.03.080 Flood hazard prevention element.
17B.03.010 Conservation element.
Pursuant to RCW 36.70A.480, the conversation element goals and objectives of the 2016
Kittitas County Shoreline Master Program shall be considered part of the Kittitas County
Comprehensive Plan.
17B.03.020 Shoreline use element.
Pursuant to RCW 36.70A.480, the shoreline use element goals and objectives of the 2016
Kittitas County Shoreline Master Program shall be considered part of the Kittitas County
Comprehensive Plan.
17B.03.030 Economic development element.
Pursuant to RCW 36.70A.480, the economic development element goals and objectives of the
2016 Kittitas County Shoreline Master Program shall be considered part of the Kittitas County
Comprehensive Plan.
17B.03.040 Public access element.
Pursuant to RCW 36.70A.480, the public access element goals and objectives of the 2016
Kittitas County Shoreline Master Program shall be considered part of the Kittitas County
Comprehensive Plan.
17B.03.050 Recreation element.
Pursuant to RCW 36.70A.480, the recreation element goals and objectives of the 2016 Kittitas
County Shoreline Master Program shall be considered part of the Kittitas County
Comprehensive Plan.
17B.03.060 Circulation element.
Pursuant to RCW 36.70A.480, the circulation element goals and objectives of the 2016 Kittitas
County Shoreline Master Program shall be considered part of the Kittitas County
Comprehensive Plan.
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17B.03.070 Historical/cultural element.
Pursuant to RCW 36.70A.480, the historical/cultural element goals and objectives of the 2016
Kittitas County Shoreline Master Program shall be considered part of the Kittitas County
Comprehensive Plan.
17B.03.080 Flood hazard prevention element.
Pursuant to RCW 36.70A.480, the flood hazard prevention element goals and objectives of the
2016 Kittitas County Shoreline Master Program shall be considered part of the Kittitas County
Comprehensive Plan. .
Chapter 17B.04
ENVIRONMENT DESIGNATIONS AND MANAGEMENT POLICIES
Sections
17B.04.010 Purpose and intent.
17B.04.020 Evaluation.
17B.04.030 Environment designations.
17B.04.040 Natural environment.
17B.04.050 Rural conservancy environment.
17B.04.060 Urban conservancy environment.
17B.04.070 Shoreline residential environment.
17B.04.080 Aquatic environment.
17B.04.090 Shoreline use and modification table.
17B.04.010 Purpose and intent.
This chapter is intended to meet the requirements in WAC 173-26-211(2)(a), which states:
Master programs shall contain a system to classify shoreline areas into specific
environment designations. This classification system shall be based on the existing use
pattern, the biological and physical character of the shoreline, and the goals and
aspirations of the community as expressed through comprehensive plans as well as
the criteria in this Section. Each master program's classification system shall be
consistent with that described in WAC 173-26-211 (4) and (5) unless the alternative
proposed provides equal or better implementation of the act.
17B.04.020 Evaluation.
Environment designations were created by evaluating the existing use patterns, biological and
physical characteristics, zoning designations, and comprehensive plan designations. The
inventory and characterization data, depicted on maps and described in text, was used to
determine the extent of shoreline alterations.
17B.04.030 Environment designations.
The shoreline environment designation system includes five (5) environments: natural, rural
conservancy, urban conservancy, shoreline residential, and aquatic. Each environment
designation contains a purpose statement, management policies and designation criteria.
For all areas not specifically designated, the environment designation will be rural conservancy
in rural areas, and urban conservancy in urban growth areas.
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17B.04.040 Natural environment.
A. Purpose. The purpose of the natural shoreline environment designation is to protect or
restore shoreline areas that are relatively free of human influence or include intact or minimally
degraded shoreline functions intolerant of human use. The natural shoreline environment
designation maintains the ecological functions and ecosystem-wide processes of such areas by
limiting future uses to low intensity uses that are compatible with the natural characteristics that
make these areas unique and valuable.
B. Management policies. Pursuant to RCW 36.70A.480, the natural environment management
policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of
the Kittitas County Comprehensive Plan.
C. Designation criteria.
1. A natural environment designation should be assigned to shoreline areas if any of the
following characteristics apply:
a. The shoreline is ecologically intact and therefore, currently performing an important,
irreplaceable function or ecosystem-wide process that would be damaged by human
activity;
b. The shoreline is considered to represent ecosystems or geologic types that are of
particular scientific and educational interest;
c. The shoreline is unable to support new uses or development without significant adverse
impacts to ecological functions or risk to human safety; or
d. The shoreline includes largely undisturbed portions of shoreline areas such as wetlands,
alkaline lakes, unstable bluffs, and ecologically intact shoreline habitats.
2. Areas with significant existing agriculture lands should not be included in the natural
designation, except where the existing agricultural operations involve very low intensity uses
where there is no significant impact on natural ecological functions, and where the intensity
or impacts associated with such agriculture activities is unlikely to expand in a manner
inconsistent with the natural designation.
17B.04.050 Rural conservancy environment.
A. Purpose. The purpose of the rural conservancy environment is to protect ecological
functions, natural resources, and valuable historic and cultural areas in order to provide for
sustained resource use, natural flood plain processes, and recreational opportunities.
B. Management policies. Pursuant to RCW 36.70A.480, the rural conservancy management
policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of
the Kittitas County Comprehensive Plan.
C. Designation criteria.
1. A rural conservancy environment designation should be assigned to shoreline areas outside
incorporated municipalities and outside urban growth areas, as defined by RCW
36.70A.110, if any of the following characteristics apply:
a. The shoreline is currently supporting lesser intensity resource-based uses, such as
agriculture, or recreational uses, or is designated agricultural lands pursuant to RCW
36.70A.170;
b. The shoreline is currently accommodating residential uses outside urban growth areas
and incorporated cities or towns;
c. The shoreline is supporting human uses but subject to environmental limitations, such as
properties that include or are adjacent to steep banks, feeder bluffs, flood plains, or other
flood prone areas;
d. The shoreline is of high recreational value or with unique historic or cultural resources; or
e. The shoreline has low intensity water-dependent uses.
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17B.04.060 Urban conservancy environment.
A. Purpose. The purpose of the urban conservancy environment is to protect and restore
ecological functions of open space, floodplain and other sensitive lands where they exist in
urban and developed settings, while allowing a variety of compatible uses.
B. Management policies. Pursuant to RCW 36.70A.480, the urban conservancy environment
management policies of the 2016 Kittitas County Shoreline Master Program shall be considered
as policies of the Kittitas County Comprehensive Plan.
C. Designation criteria.
1. Assign an urban conservancy environment designation to shoreline areas appropriate and
planned for development that is compatible with maintaining or restoring the ecological
functions of the area, that are not generally suitable for water-dependent uses and that lie in
incorporated municipalities, urban growth areas, or commercial or industrial "limited areas of
more intense development" if any of the following characteristics apply:
a. They are suitable for water-related or water-enjoyment uses;
b. They are open space, floodplain or other sensitive areas that should not be more
intensively developed;
c. They have potential for ecological restoration;
d. They retain important ecological functions, even though partially developed; or
e. They have the potential for development that is compatible with ecological restoration.
17B.04.070 Shoreline residential environment.
A. Purpose. The purpose of the shoreline residential environment is to accommodate
residential development and accessory structures as well as appropriate public access and
recreational uses.
B. Management policies. Pursuant to RCW 36.70A.480, the shoreline residential environment
management policies of the 2016 Kittitas County Shoreline Master Program shall be considered
as policies of the Kittitas County Comprehensive Plan.
C. Designation criteria. Assign a shoreline residential environment designation to shoreline
areas inside urban growth areas, as defined in RCW 36.70A.110, incorporated municipalities,
"limited areas of more intense rural development," "master planned resorts," as described in
RCW 36.70A.360, and in limited rural areas that are developed with or planned and platted for
predominantly single-family or multi-family residential development.
17B.04.080 Aquatic environment.
A. Purpose. The purpose of the aquatic environment is to protect, restore, and manage the
unique characteristics and resources of the areas waterward of the Ordinary High Water Mark
(OHWM).
B. Management policies. Pursuant to RCW 36.70A.480, the aquatic environment management
policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of
the Kittitas County Comprehensive Plan.
C. Designation criteria. Assign an aquatic environment designation to lands waterward of the
OHWM.
17B.04.090 Shoreline use and modification table.
Shoreline use and modification shall be classified by the Administrator and regulated under one
or more of the following applicable sections of this Program.
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17B.04.090-1: Shoreline Use and Modification Table
Legend
P: Permitted with a shoreline permit
C: Conditional use permit required
X: Prohibited
S: Refer to upland shoreline environment.
NA: Use is not applicable in this environment
Proposed Land Use Shoreline Environment Designation
Urban Conservancy Shoreline Residential Rural Conservancy Natural Aquatic Agriculture
Grazing P P P P NA
Cultivation/orchards P P P C NA
Buildings P P P C NA
Feedlot X X X X NA
Manure Lagoon X X X X NA
Aquaculture
Floating net pens
NA NA NA NA C
On shore, confined types of facilities and accessory
structures C C C X NA
Boating facilities and marinas
Covered over-water structures NA NA NA NA X
Launch ramps, public or community P P C C S
Launch ramps, primitive P P P P S
Launch ramps, private X X X X X
Marinas P P C X S
Private and joint use docks, piers, and floats P P P C S
Commercial
Water-dependent P X P X S
Water-enjoyment P C P X S
Water-related C X C X S
Non-water-oriented X X X X X
Dredging
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Proposed Land Use Shoreline Environment Designation
Urban Conservancy Shoreline Residential Rural Conservancy Natural Aquatic Dredging and dredge material disposal associated
with maintenance of public facilities and approved
by WDFW.
P P P X S
All other dredging and dredge material disposal C C C X S
Filling, grading, and excavation
Activities defined in Sections 2.38 and 2.44
Requirements for fill landward of the ordinary high
water mark shall be based on corresponding primary
land use in Table 4.9-1. Fill waterward of the
ordinary high water mark for any use except
ecological restoration requires a conditional use
it
(1) (1) (1) (1) (1)
Forest Practices
Non-federal and non-exempt practices P P P C S
Industrial
Water-oriented industrial development C C C X S
Non-water-oriented industrial development X X X X X
In-stream structures
In-stream structures except those specifically listed
below.
P P C C S
Dams, diversions, and tailrace structures C C C C C
Channelization or dams for flood control C P C X S
Mining
Mineral prospecting P P P P P
Mining C X C X C
Surface oil and gas drilling X X X X X
Recreational
Water-dependent P P P P P
Water-enjoyment P P P P P
Water-related P P P C S
Non-water-oriented C C C X S
Residential
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Proposed Land Use Shoreline Environment Designation
Urban Conservancy Shoreline Residential Rural Conservancy Natural Aquatic Single-family dwelling, including accessory dwelling
unit P P P C X
Two-family dwelling P P P X X
Multi-family dwelling P P X X X
Overwater residence X X X X X
Shoreline restoration and habitat enhancement
Shoreline restoration and habitat enhancement
activities P P P P S
Shoreline stabilization
Dikes/levees C C C X C
Breakwaters, groins and jetties C C C C C
Bulkheads and revetments C C C X C
Bioengineering approaches P P P C C
Signs
Signage P P P P X
Transportation
Roads, bridges, and railroads P P P X S
Parking accessory to a permitted use P P P C X
Parking not accessory to a permitted use X X X X X
Unclassified Uses
Uses not otherwise identified in this Table C C C C C
Utilities
Utility facilities accessory to existing uses and/or
developments or undergoing shoreline review N/A N/A N/A N/A N/A
Water System P P P C S
Utility production and processing facilities (see
5.19.B.4) C C C X C
Solid waste disposal facilities X X X X X
Power generating facilities C C C C C
Transmission facilities (see 5.19.B.9-10)
C C C C C
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Proposed Land Use Shoreline Environment Designation
Urban Conservancy Shoreline Residential Rural Conservancy Natural Aquatic Telecommunication towers X X X X X
Chapter 17B.05
GENERAL POLICIES AND REGULATIONS
Sections
17B.05.010 Archaeological and historical resources.
17B.05.020 Environmental protection and critical areas.
17B.05.020A Policies for all critical areas.
17B.05.020B General regulations for environmental protection.
17B.05.020C General regulations for all critical areas
17B.05.020D Mitigation – requirements for all critical areas.
17B.05.020E Mitigation – mitigation plan contents for all critical areas.
17B.05.020F Wetlands – designation, mapping, delineation, and categorization.
17B.05.020G Wetlands – buffers.
17B.05.020H Wetlands – reporting.
17B.05.020I Wetlands – compensatory mitigation.
17B.05.020J Aquatic habitat conservation areas – designation and mapping
17B.05.020K Aquatic habitat conservation areas – buffers.
17B.05.020L Aquatic habitat conservation areas – reporting.
17B.05.020M Wildlife habitat conservation areas – designation, classification, mapping, and
surveying.
17B.05.020N Wildlife habitat conservation areas – reporting and mitigation requirements.
17B.05.020O Geologically hazardous areas – designation, classification, and mapping.
17B.05.020P Geologically hazardous areas – reporting and protection standards.
17B.05.020Q Frequently flooded areas – designation and mapping.
17B.05.020R Frequently flooded areas – protection standards.
17B.05.020S Frequently flooded areas – reporting.
17B.05.020T Frequently flooded areas – compensatory mitigation.
17B.05.020U Critical aquifer recharge areas – designation, mapping, and classification.
17B.05.020V Critical aquifer recharge areas – protection standards.
17B.05.020W Critical aquifer recharge areas – reports.
17B.05.030 Flood hazard reduction.
17B.05.040 Public access.
17B.05.050 Shoreline buffers and vegetation conservation.
17B.05.060 Water quality, stormwater, and nonpoint pollution.
17B.05.010 Archaeological and historical resources.
The following provisions apply to cultural, archaeological, and historical resources that are either
recorded at the Washington State Department of Archeology and Historic Preservation and/or
by local jurisdictions or have been inadvertently uncovered. Archaeological sites located both in
and outside shoreline jurisdiction are subject to RCW Chapter 27.44 (Indian graves and
records) and RCW Chapter 27.53 (Archaeological sites and records). Shoreline uses or
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development that may impact such sites shall comply with WAC Chapter 25-48 as well as the
provisions of this chapter.
A. Policies. Pursuant to RCW 36.70A.480, the archaeological and historical resources policies
of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the
Kittitas County Comprehensive Plan.
B. Regulations.
1. Developers and property owners shall immediately stop work and notify the local
government, the Washington State Department of Archeology and Historic Preservation and
affected Indian tribes if archaeological resources are uncovered during excavation.
Construction may recommence pursuant to RCW 27.44.040, RCW 27.53.040 and WAC 25-
48-030. A notification stating this requirement shall be included on shoreline permit
documents.
2. Prior to issuance of a permit in areas documented to contain cultural or archaeological
resources, a cultural resources site inspection or evaluation by a professional archaeologist
shall be required in coordination with affected Indian tribes.
3. If a cultural resource site inspection or evaluation identifies the presence of significant
historic or archaeological resources, a cultural resource management plan shall be prepared
by a professional archaeologist or historic preservation professional. In addition, a permit or
other requirements administered by the Washington State Department of Archaeology and
Historic Preservation pursuant to RCW 27.44 and RCW 27.53 may apply.
17B.05.020 Environmental protection and critical areas.
The following provisions apply to any use or development occurring in shoreline jurisdiction
whether or not a permit or other authorization is required from Kittitas County.
17B.05.020A Policies for all critical areas.
Pursuant to RCW 36.70A.480, the policies for all environmental protection and critical areas of
the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas
County Comprehensive Plan.
17B.05.020B General regulations for environmental protection.
The following provisions apply to any use or development occurring in shoreline jurisdiction
whether or not a permit or other authorization is required from Kittitas County.
1. Proponents of new shoreline use and development, including preferred uses and uses that
are exempt from permit requirements, shall employ all reasonable measures to protect
shoreline functions and processes.
2. Adverse impacts caused by new shoreline use and development shall be mitigated using
the following actions in order of priority (referred to as the mitigation sequence):
a. Avoiding the impact altogether by not taking a certain action or parts of an action;
b. Minimizing impacts by limiting the degree or magnitude of the action and its
implementation by adhering to the dimensional requirements, performance standards
and design criteria in this Program and using other technologies or steps, as needed, to
avoid or reduce impacts;
c. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
d. Reducing or eliminating the impact over time by preservation and maintenance
operations;
e. Compensating for the impact by replacing, enhancing, or providing substitute resources
or environments; and
f. Monitoring the impact and the compensation projects and taking appropriate corrective
measures.
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3. Proposals for new shoreline uses and developments shall clearly identify potential shoreline
impacts. During initial review of the proposal, the Administrator may require the applicant to
submit documentation, prepared by a qualified professional, to assess the degree and
extent of potential impacts to shoreline functions. When reviewing proposals for new
shoreline use and development, the Administrator shall first determine whether identified
shoreline impacts have been avoided and secondly minimized. The Administrator shall
require compensatory mitigation, designed by a qualified professional, for development
proposals that:
a. Do not fully conform to one (1) or more of the dimensional requirements, performance
standards, and/or design criteria in this Program; or
b. Require a variance or conditional use permit; or
c. Result in measureable damage, loss and/or displacement of a wetland, aquatic habitat
conservation area, wildlife habitat conservation area, flood storage or conveyance area,
or critical aquifer recharge area.
4. Land divisions: When new lots are created within shoreline jurisdiction they shall meet all of
the following conditions:
a. All lots shall contain sufficient area outside of the shoreline buffer (see Table 5.5-1),
wetland and/or wetland buffer, aquatic habitat conservation area and/or aquatic habitat
conservation area buffer, floodway, channel migration zone or landslide hazard area
and/or landslide hazard area buffer to accommodate the use and/or development. Land
divisions for non-water-dependent and non-water-related developments that create more
than four (4) new lots shall adhere to the standard shoreline buffer requirements shown
in Table 5.5-1 without buffer averaging or reduction. Buffers that have been averaged or
reduced by any prior actions administered by Kittitas County shall not be further
averaged or reduced.
b. A new lot or parcel may be created in a seismic hazard area as long as there is a note
on the face of the plat or other recorded document which indicates the presence of a
potential hazard.
c. Open space or conservation area lots may be established without a site that is suitable
for use and/or development provided there is a note on the face of the plat or other
recorded document which indicates the purpose of the lot.
5. Compensatory mitigation measures shall occur in the vicinity of the impact or at an
alternative location within the same watershed that provides greater and more sustainable
ecological benefits. When determining whether offsite mitigation provides greater and more
sustainable benefits, the Administrator shall consider limiting factors, critical habitat needs,
and other factors identified by the April 2014 Shoreline Restoration Plan, or an approved
watershed or comprehensive resource management plan. The Administrator may also
approve use of alternative mitigation practices such as in-lieu fee programs, mitigation
banks, and other similar approaches when they meet the requirements of 5.2.D.4.
6. The Administrator shall prohibit any shoreline use or development that will result in
unmitigated cumulative impacts.
7. When compensatory mitigation plans for impacts to shoreline resources are required, all of
the following shall apply:
a. The quality and quantity of the replaced, enhanced, or substituted resources shall be the
same or better than the affected resources;
b. The mitigation site and associated vegetative planting shall be nurtured and maintained
such that healthy native plant communities grow and mature over time;
c. The mitigation shall be informed by pertinent scientific and technical studies, including,
but not limited to, the May 2013 Shoreline Inventory and Characterization Report (ICR),
the April 2014 Shoreline Restoration Plan, and other background studies prepared in
support of this Program;
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d. The mitigation shall replace the functions as quickly as possible following the impacts;
e. Mitigation activity shall be monitored and maintained to ensure that it achieves its
intended functions and values;
f. The Administrator shall require the applicant/proponent to post a bond or provide other
financial surety equal to one hundred fifty percent (150%) of the estimated cost of the
mitigation to ensure the mitigation is carried out successfully. The bond/surety shall be
refunded to the applicant/proponent upon completion of the mitigation activity and any
required monitoring; and
g. Compensatory mitigation plans shall be prepared by qualified professionals with
education, training and experience in the applicable field.
8. The County shall have the authority to require the applicant/proponent to submit special
studies, assessment, and analyses as necessary to identify and address impacts including,
but not limited to, impacts on fish and wildlife habitat, public access/use, aesthetics, flood
and floodplain impacts and other shoreline attributes.
9. Cumulative effects:
a. In review of applications for shoreline permits and exemptions, the County shall consider
the cumulative impacts of individual uses and developments, including preferred uses
and uses that are exempt from permit requirements, when determining whether a
proposed use or development could cause a net loss of ecological functions. The
geographic scope of the analysis shall include the shoreline water body potentially
affected by the proposal within the bounds of the County’s geographic authority, unless
the Shoreline Administrator determines that a larger or smaller area of analysis is
appropriate.
b. The County shall have the authority to require the applicant/proponent to prepare special
studies, assessments and analyses as necessary to identify and address cumulative
impacts including, but not limited to, impacts on fish and wildlife habitat, public
access/use, aesthetics, flood and floodplain impacts and other shoreline attributes.
c. Proponents of shoreline use and development shall take the following factors into
account when assessing cumulative impacts:
i. Current ecological functions and human factors influencing shoreline natural
processes;
ii. Reasonably foreseeable future use and development of the shoreline; and
iii. Beneficial effects of any established regulatory programs under other local, state,
and federal laws; and
iv. Mitigation measures implemented in conjunction with the proposed project to
avoid, reduce and/or compensate for adverse impacts.
d. The County shall add conditions as needed to address any adverse cumulative effects,
and shall prohibit any use or development that would result in unmitigated adverse
cumulative impacts.
17B.05.020C General regulations for all critical areas.
The following provisions apply to any use or development occurring in or adjacent to critical
areas or their buffers in shoreline jurisdiction whether or not a permit or other authorization is
required from Kittitas County. Critical areas outside of the shoreline jurisdiction shall be
regulated by Kittitas County Code (KCC) Title 17A.
1. Any land, water, or vegetation within the shoreline jurisdiction that meets the critical areas
designation criteria under this Section shall be subject to the provisions of this Program and
not KCC Title 17A.
2. Critical area maps: The County shall make available to the public maps or other databases,
as appropriate, which show the general location, extent, and classification of regulated
critical areas. These maps are to be used as a general guide to the potential presence and
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location of known critical areas; there may be other critical areas that are not shown on the
maps and the critical areas that are shown may or may not fully meet the designation criteria
contained in the Program. The maps are intended to alert the development community,
county residents, as well as current and prospective landowners of the possibility of site
development constraints which may limit or alter development plans. Any presumption
created by the maps may be rebutted by a preponderance of the evidence.
3. Proponents of any new shoreline use or development shall provide information concerning
the presence, condition, and location of all critical areas and buffers potentially affected by
their proposal. The Administrator shall rely on information provided by the proponent as well
as other information including, but not limited to, aerial photographs, published reports or
studies, visual observations made by qualified professionals, and information provided by
resource agencies, tribes, academic institutions and other reliable sources to determine the
presence of critical areas and/or required buffers on or adjacent to the subject property.
4. Building setback: Except as provided in KCC 17B.06.200(B)(12), and where otherwise
provided, buildings and other structures shall be set back a distance of fifteen (15) feet from
the edges of all critical area buffers or from the edges of all critical areas, if no buffers are
required. The following are allowed in the building setback area:
a. Landscaping;
b. Uncovered decks;
c. Building overhangs, if such overhangs do not extend more than eighteen (18) inches
into the setback area; and
d. Impervious ground surfaces, such as driveways and patios.
5. Temporary or permanent field identification: Prior to use and/or development within or
adjacent to a critical area, the County should require temporary or permanent field markers
delineating the critical area boundary and associated buffer. The type of field markers to be
used will be agreed to by the project proponent and the Administrator depending on site
conditions and inspection requirements. Field markers shall be spaced at a minimum of
every fifty (50) feet, unless alternative placement or spacing is authorized by the
Administrator. The location of field stakes must be shown on all site plans and final plats
associated with the development proposal. Field markers shall remain in place until any
required final inspections are completed and approved. Field markers may be waived by the
Administrator if an alternative to field staking achieves the same objective, or if the
development and construction activity(ies) is located at a sufficient distance so that impacts
to the critical area are unlikely to occur. The Administrator may require permanent fencing
and/or signage if necessary to protect a critical area and its buffer from adjacent land uses.
6. Notice on title: Any property on which a development proposal is submitted shall have filed
with the Kittitas County Auditor:
a. A notice on title of the presence and location of the critical area and/or buffer;
b. A statement as to the applicability of this Program to the property; and
c. A statement describing possible limitations on action in or affecting critical areas or
buffer as approved by the Administrator. The County shall record such documents and
will provide a copy of the recorded notice to the property owner of record. Development
proposals which are defined as normal repair and maintenance of existing structures or
development, including, but not limited to, roof repair, interior remodeling, wood stove
permits, and on-site sewage disposal systems repairs, are exempt from this
requirement.
7. Request for technical assistance: The Administrator may engage technical consultants to
review and interpret critical areas data and findings submitted by or on behalf of the
proponent, in instances where County staff lack the resources or expertise to review these
materials. A project proponent may be required to pay for or reimburse the County for the
review costs incurred.
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8. Pre-Qualification of consultants: The Administrator shall prepare and maintain a list of
qualified technical consultants and firms that meet the qualified professional standards
detailed in this Section. Any proposed consultant whose name is not on the list may submit
a statement of qualifications including information on experience in the preparation of critical
area studies. Upon approval of the submitted qualifications, the Administrator shall add the
name to the list of qualified consultants. The Administrator may reject data and findings
from non-pre-qualified consultants or require a third-party review, paid for by the applicant.
9. When there is a conflict between the findings of a critical areas study and the findings of the
Administrator in review of the study, the applicant or affected party may appeal such
decision of the Administrator pursuant to the procedures in KCC Chapter 15A.07.
17B.05.020D Mitigation – requirements for all critical areas.
1. Proponents of new shoreline use and development, including preferred uses and uses that
are exempt from permit requirements, shall employ all reasonable measures to mitigate
adverse impacts to critical areas and their buffers. Mitigation shall occur according to the
mitigation sequence defined in KCC 17B.05.020(B)(2) of this Program. The Administrator
shall first determine whether identified critical area impacts have been avoided and second,
whether minimized. Unless otherwise stated in this Program, development proposals that do
not fully conform to the dimensional requirements, performance standards, and/or design
criteria in this Section and in the Program shall require a variance and compensatory
mitigation to ensure no net loss of ecological function at the project scale. The Administrator
shall require compensatory mitigation for development proposals that result in measurable
damage, loss and/or displacement of a wetland, aquatic habitat conservation area, wildlife
habitat conservation area, or flood storage or conveyance area.
2. When critical area compensatory mitigation plans are required pursuant to this Section, all of
the following shall apply:
a. The quality and quantity of the replaced, enhanced, or substituted critical area, and its
buffer, shall be the same or better than the affected critical area and its buffer;
b. The mitigation site and associated vegetative planting shall be nurtured and maintained
such that healthy native plant communities grow and mature over time;
c. The mitigation shall replace the functions as quickly as possible following the impacts;
d. The mitigation activity shall be monitored and maintained to ensure that it achieves its
intended functions and values;
e. The Administrator shall require the applicant/proponent to post a bond or provide other
financial surety equal to one hundred fifty percent (150%) of the estimated cost of the
mitigation to ensure the mitigation is carried out successfully. The bond/surety shall be
refunded to the applicant/proponent upon completion of the mitigation activity and any
required monitoring.
3. Compensatory mitigation plans shall be prepared by qualified professionals with education,
training, and experience in the applicable field:
a. Wetland mitigation plans shall be prepared by a qualified professional who is
educated/trained in wetland biology or a closely related field, and has demonstrated
experience in mitigation plan design, implementation, and monitoring. The overall goal of
any such mitigation plan shall be no net loss of wetland functions, acreage, and values.
b. Mitigation plans for impacts to aquatic and wildlife habitat conservation areas, including
habitat management plans, shall be prepared by a qualified professional with
education/training in wildlife biology or a closely related field, and professional
experience in habitat mitigation design, implementation, and monitoring. Where this plan
is required for the protection of eagle habitat, the eagle habitat management plan shall
normally be prepared by the Washington State Department of Fish and Wildlife, as
required under the Bald Eagle Management Rules. The Washington State Department
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of Fish and Wildlife Priority Habitat and Species Management Recommendations, dated
May 1991, or as thereafter amended, or equivalent federal recommendations, shall
serve as guidance for preparing mitigation plans to protect wildlife habitat conservation
areas.
c. Mitigation plans for geologically hazardous areas shall be prepared by a qualified
professional who is either a geologist or a geotechnical engineer, or a civil engineer
licensed in the state of Washington, who is knowledgeable of regional geologic
conditions and who has professional experience in landslide and erosion hazard
evaluation, mitigation plan design, implementation, and monitoring.
d. Mitigation plans for development within frequently flooded areas shall be prepared by a
civil engineer licensed in the state of Washington and familiar with hydrology, hydraulics,
and fluvial geomorphology.
4. Mitigation banking and in-lieu fee (ILF) mitigation: The County may approve mitigation
banking and/or in-lieu fee mitigation as a form of compensatory mitigation for wetland and
habitat conservation area impacts when the provisions of this Program require mitigation
and when the use of a bank/ILF Program will provide equivalent or greater replacement of
critical area functions and values when compared to conventional permittee responsible
mitigation. Banks and ILF programs shall only be used when it can be demonstrated that
they provide significant ecological benefits including long-term conservation of critical areas,
important species, habitats and/or habitat linkages, and when they are documented to
provide a viable alternative to the piecemeal mitigation for individual project impacts to
achieve ecosystem-based conservation goals. Banks and ILF programs shall not be used
unless they are certified in accordance with applicable federal and state mitigation rules and
expressly authorized through County legislative action.
17B.05.020E Mitigation – mitigation plan contents for all critical areas.
1. Baseline Information: Compensatory mitigation plans for all critical area types shall include a
written assessment and accompanying maps, and include the following information:
a. Impacted critical areas and/or their required buffers, including, at a minimum, existing
wetland/stream acreage; vegetative, fauna and hydrologic characteristics; soil and
substrate conditions; and topographic elevations.
b. Mitigation site, if different from the impacted site, including at a minimum: existing
acreage; vegetative, faunal and hydrologic conditions; relationship within watershed and
to existing water bodies; soil and substrate conditions topographic elevations; existing
and proposed adjacent site conditions; buffers; and ownership.
2. Environmental goals and objectives: The mitigation plan shall identify goals and objectives
and include:
a. The purposes of the compensation measures including a description of site selection
criteria, identification of compensation goals, identification of target evaluation species
and resource functions, dates for beginning and completion, and a complete description
of the structure and functional relationships sought. The goals and objectives shall be
related to the functions and values of the original critical area or, if out-of-kind, the type
of critical area to be emulated.
b. A review of the available literature and/or experience to date in restoring or creating the
type of critical area proposed. An analysis of the likelihood of success of the
compensation project at duplicating the original resource shall be provided based on the
experiences of comparable projects, if any. An analysis of the likelihood of persistence of
the created or restored resources shall be provided based on such factors as surface
and groundwater supply and flow patterns, dynamics of the ecosystem, sediment or
pollutant influx and/or erosion, periodic flooding and drought, presence of invasive flora
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or fauna, potential human or animal disturbance, and previous comparable projects, if
any.
c. Performance standards: Specific and measurable criteria shall be provided for
evaluating whether or not the goals and objectives of the mitigation plan are being
achieved at various stages in the project and for beginning remedial action or
contingency measures. Such criteria may include water quality standards, survival rates
of planted vegetation, vegetative cover and/or density standards, in-stream habitat
conditions, species abundance and diversity targets, habitat diversity indices, or other
ecological, geological, or hydrological criteria.
d. Detailed construction plans: Written specifications and descriptions of compensation
techniques shall be provided, including the proposed construction sequence; grading
and excavation details; erosion and sediment control features needed for construction
and long-term operation; a planting plan specifying plant species, quantities, locations,
size, spacing, and density; source of plant materials, propagules, or seeds; water and
nutrient requirements for planting; where appropriate, measures to protect plants from
predation; substrate stockpiling techniques and planting instructions; descriptions of
water control structures and water-level maintenance practices needed to achieve the
necessary hydroperiod characteristics; etc. These written specifications shall be
accompanied by detailed site diagrams, scaled cross-sectional drawings, topographic
maps showing slope percentage and final grade elevations, and any other drawings
appropriate to show construction techniques or anticipated final outcome. The plan shall
provide for elevations which are appropriate for the desired habitat type(s).
e. Monitoring program: A program outlining the approach for monitoring construction of the
compensation project and for assessing a completed project shall be provided.
Monitoring may include, but is not limited to:
i. Establishing vegetation plots to track plant establishment/survival, and changes in
plant species composition and density over time;
ii. Using photo stations to evaluate vegetation community response;
iii. Measuring physical parameters such as wetland size, stream dimensions, channel
characteristics, buffer width;
iv. Monitoring shallow groundwater levels to document hydrologic regimes/hydro-
periods;
v. Sampling surface and subsurface waters to determine pollutant loading and
changes from the natural variability of background conditions (pH, nutrients, heavy
metals);
vi. Measuring base flow rates and stormwater runoff to model and evaluate water
quality predictions, if appropriate;
vii. Measuring sedimentation rates, if applicable; and
viii. Sampling fish and wildlife populations to determine habitat utilization, species
abundance and diversity.
f. Monitoring and reporting: A monitoring report shall be submitted annually, at a minimum,
documenting milestones, successes, problems, and contingency actions of the
compensation project. The compensation project shall be monitored for a period
necessary to establish that performance standards have been met, but not for a period
less than five (5) years.
g. Contingency plan: Identification of potential courses of action, and any corrective
measures to be taken when monitoring or evaluation indicates project performance
standards are not being met.
h. Additional information as specified elsewhere in this Section, as applicable.
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17B.05.020F Wetlands – designation, mapping, delineation, and categorization.
1. Designation: Wetlands are those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal circumstances
do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include, but are not limited to, swamps, marshes, bogs, ponds, and
similar areas. Wetlands do not include those artificial wetlands intentionally created from
non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined
swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and
landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally
created as a result of the construction of a road, street, or highway. Wetlands may include
those artificial wetlands intentionally created from non-wetland areas to mitigate the
conversion of wetlands.
2. Mapping: The approximate location and extent of wetlands are shown on maps maintained
by the County. These maps are useful as a guide for project applicants, and/or property
owners but do not provide a conclusive or definitive indication of wetland presence or extent.
Other wetlands may exist that do not appear on the maps, and some wetlands that appear
on the maps may not meet all of the wetland designation criteria.
3. Delineation: Wetlands shall be identified and delineated by a qualified wetlands professional
in accordance with the most current approved federal wetland delineation manual and
applicable regional supplements. This professional shall field stake, flag or mark the on-site
wetland boundary to aid the County in reviewing the development proposal. The County
may require the on-site wetland boundary to be surveyed by a professional land surveyor.
The County may require an applicant to identify the approximate location or presence of any
wetlands within three hundred (300) feet of a proposed development site. Wetlands that
occur or extend beyond the boundaries of the development site, onto adjoining properties,
do not need to be flagged or formally delineated but their general location must be disclosed
in order to assess wetland buffer impacts.
4. Categorization and rating: Wetlands shall be rated based on categories that reflect the
functions and values of each wetland. Wetlands shall be identified, rated, categorized, and
delineated by a qualified wetland professional in accordance with the current version of the
Washington State Wetland Rating System for Eastern Washington, the procedure outlined
in WAC 173-22-035, and the appropriate rating forms approved by the Washington State
Department of Ecology. These categories are generally defined as follows:
a. Category I wetlands: Category I wetlands are those that represent a unique or rare
wetland type, are more sensitive to disturbance than most wetlands, are relatively
undisturbed and contain ecological attributes that are impossible or too difficult to
replace within a human lifetime, and provide a high level of functions. The following
types of wetlands are Category I:
i. Alkali wetlands;
ii. Wetlands that are identified by scientists of the Washington State Department of
Natural Resources Natural Heritage Program as high quality, relatively undisturbed
wetlands, or wetlands that support state threatened or endangered plant species;
iii. Bogs and calcareous fens;
iv. Mature and old-growth forested wetlands over a ¼ acre in size with slow growing
trees;
v. Forest wetlands with stands of Aspen;
vi. Wetland scoring between twenty-two and twenty-seven (22-27) points or more (out
of twenty seven (27)) in the Eastern Washington Wetland Rating System.
b. Category II wetlands: Category II wetlands are difficult, though not impossible, to
replace, and provide high levels of some functions. These wetlands occur more
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commonly than Category I wetlands, but still need a relatively high level of protection.
Category II wetlands include:
i. Forested wetlands in the floodplains of rivers;
ii. Mature and old-growth forested wetlands with native fast growing trees;
iii. Vernal pools;
iv. Wetlands scoring between nineteen and twenty one (19-21) points (out of twenty
seven (27)) in the Eastern Washington Wetland Rating System.
c. Category III wetlands score between sixteen and eighteen (16-18) points (out of twenty-
seven (27)) in the Eastern Washington Wetland Rating System and can often be
adequately replaced with a well-planned mitigation project. Wetlands scoring between
16-18 points generally have been disturbed in some ways, and are often smaller, less
diverse and/or more isolated from other natural resources in the landscape than
Category II wetlands.
d. Category IV wetlands have the lowest levels of functions, scoring less than sixteen (16)
points in the Eastern Washington Wetland Rating System, and are often heavily
disturbed. These are wetlands that should be able to be replaced, and in some cases
improved. These wetlands may provide some important functions, and also need to be
protected.
17B.05.020G Wetlands – buffers.
1. Buffer widths: Buffers shall be established and maintained to protect all regulated wetlands.
Standard minimum buffer for wetlands are listed in the Table at KCC 17B.50.020G-1. The
buffer shall not be altered except as authorized by this Program; provided, that such
alterations meet all other standards for the protection of regulated wetlands. Buffers are
measured horizontally in all directions from the regulated wetland edge as marked in the
field.
17B.50.020G-1. Wetland Buffers for Wetlands in Shoreline Jurisdiction
Wetland
Category
Low Intensity Use
and Development
Low and Moderate
Intensity Use and
Development*
High Intensity Use
and Development*
Category I 125 feet 190 feet 250 feet
Category II 100 feet 150 feet 200 feet
Category III 75 feet 110 feet 150 feet
Category IV 25 feet 540 feet 50 feet
* For the purposes of KCC 17B.05.020G-1, high intensity use and developments include:
commercial, urban, industrial, institutional, retail sales, residential (more than 1 unit/acre),
conversion from non-agricultural lands to high intensity agriculture (dairies, animal feed lots,
nurseries and green houses, and like uses), high intensity recreation (golf courses, ball fields, and
like uses) and hobby farms. Moderate intensity use and developments include: residential (1
unit/acre or less), moderate intensity open space (parks with biking, jogging, and like uses),
conversion from non-agricultural lands to moderate intensity agriculture (orchard, hay fields, and
like uses), paved trails, building of logging roads, and utility corridor or right-of-way shared by
several utilities and including access/maintenance roads. Low intensity use and developments
include: forestry (cutting of trees only), low intensity open space (hiking, bird-watching, and like
uses), unpaved trails, and utility corridor without a maintenance road and little or no vegetation
management.
2. Wetland buffer condition: Wetland buffer areas shall be retained in a natural condition or
may be improved to enhance buffer functions and values. Where buffer disturbance is
allowed pursuant to this Program, re-vegetation with native vegetation shall be required. The
Kittitas County noxious weed ordinance shall be adhered to. Alterations of the buffer that are
not associated with an allowed shoreline use or development shall be prohibited.
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3. Multiple buffers: In the event that buffers for any shorelines and/or critical areas are
contiguous or overlapping, the landward-most edge of all such buffers shall apply.
4. Interrupted buffer: When a wetland buffer contains an existing legally established public or
private road, the Administrator may allow development on the landward side of the road
provided that the development will not have a detrimental impact to the wetland. The
applicant may be required to provide a wetland critical areas report to describe the potential
impacts. In determining whether a critical areas report is necessary, the County shall
consider the hydrologic, geologic, and/or biological habitat connection potential and the
extent and permanence of the buffer interruption.
5. Buffers of restored wetlands: The buffer for a wetland created, restored, or enhanced as
compensation for approved wetland alterations shall be the same as the buffer required for
the category of the created, restored, or enhanced wetland.
6. Buffer averaging: The Administrator may allow averaging of the standard wetland buffer
widths in the Table at KCC 17B.05.020G-1 when necessary to accommodate a single-family
residence or residential subdivision of four (4) or fewer lots. With buffer averaging, the buffer
width is reduced in one location and increased in another location to maintain the same
overall buffer area. Proposals for buffer averaging shall not require a shoreline variance or
compensatory mitigation if the following conditions are met:
a. The buffer has not been averaged or reduced by any prior actions administered by
Kittitas County;
b. No feasible site design could be accomplished without buffer averaging;
c. The wetland contains variations in sensitivity due to existing physical characteristics or
the character of the buffer varies in slope, soils, or vegetation, and that wetland would
benefit from a wider buffer in places and would not be adversely impacted by a narrower
buffer in other places;
d. A critical area report demonstrates that the averaging will not adversely impact wetland
function and values;
e. The minimum width of the buffer at any given point is at least seventy-five percent (75%)
of the standard width per the Table at KCC 17B.05.020G-1, or twenty-five (25) feet,
whichever is greater; and
f. The area that is added to the buffer to offset the reduction is well-vegetated. The
Administrator may require vegetation enhancement and a mitigation plan, if needed, to
ensure this criterion is met.
7. Buffer reduction: On sites that lack well-vegetated wetland buffers, the Administrator may
allow reduction of the buffer widths in the Table at KCC 17B.05.020G-1 when necessary to
accommodate a single-family residence or residential subdivision of four (4) or fewer lots.
The buffer reduction shall be allowed only in those limited instances when adherence to the
standard buffer is infeasible or presents a substantial hardship because of site conditions,
lot configuration or other circumstances. Residential subdivisions of more than four (4) lots
and non-water-dependent non-water-related developments shall not be eligible for buffer
reduction, except through a shoreline variance. Buffers that have been averaged or reduced
by any prior actions administered by Kittitas County shall not be further reduced. Proposals
for buffer reduction on such sites shall not require a shoreline variance if the following
conditions are met:
a. The existing buffer is predominantly un-vegetated, composed of nuisance species or in
an otherwise highly disturbed condition;
b. The minimum width of the reduced buffer is at least seventy-five percent (75%) of the
standard width per the Table at KCC 17B.05.020G-1;
c. The reduced portion of the buffer cannot exceed forty percent (40%) of the buffer length
on the development property;
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d. A critical area report demonstrates that the reduction will not result in a net loss of
wetland functions and values.
e. The reduced buffer area is planted and enhanced with species native to central
Washington; and
f. A mitigation plan is developed and implemented, per the requirements of KCC
17B.05.020E.
8. Increased wetland buffers: The Administrator shall increase wetland buffer zone widths, up
to a maximum of two (2) times the standard width in the Table at KCC 17B.05.020G-1, for a
development project on a case-by-case basis when a larger buffer is necessary to protect
wetland functions and values. Such determination shall be based on site-specific and
project-related conditions which include, but are not limited to, the following circumstances:
a. Wetland sites with known locations of state priority or federally listed endangered,
threatened, or sensitive species for which a habitat management plan indicates a larger
buffer is necessary to protect habitat values for such species; or
b. The adjacent land is susceptible to severe erosion, and erosion control best
management practices will not effectively prevent adverse wetland impacts.
9. Allowed buffer uses: The following uses may be permitted within a wetland buffer without a
variance provided they are not prohibited by any other applicable law, are consistent with
the provisions of this Program, and they are conducted in a manner so as to minimize
impacts to the buffer and adjacent wetland, including wetland functions and values:
a. Conservation or restoration activities aimed at protecting the soil, water, vegetation, or
wildlife.
b. Passive recreation facilities designed in accordance with an approved critical area
report, including:
i. Walkways and trails; provided that those pathways which are generally parallel to
the perimeter of the wetland shall be located in the outer twenty-five percent (25%)
of the buffer area, and constructed with a surface that is not impervious to water.
Raised boardwalks utilizing non-treated pilings may be acceptable;
ii. Wildlife viewing structures less than five hundred (500) square feet in size.
c. Stormwater management facilities, limited to stormwater dispersion facilities, outfalls
and bioswales, may be allowed within the outer twenty-five percent (25%) of the buffer of
Category III or IV wetlands only, provided that:
i. No other location is feasible; and
ii. The location of such facilities will not degrade the functions or values of the
wetland.
17B.05.020H Wetlands – reporting.
1. Reporting requirement: If a proposed use or development is located within three hundred
(300) feet of a known or suspected wetland, a wetland critical areas report is required, and
shall include the following:
a. The category and precise location of the boundary of the wetland(s); and
b. All wetlands and required buffers within three hundred (300) feet of the project area shall
be depicted on the site plan. Best available information should include, but not be
limited to, aerial photos, soils maps, and/or topographic maps; and
c. An analysis of the onsite wetland(s) including the following site- and proposal-related
information:
i. Documentation of any fieldwork performed on the site, including, but not limited to,
field delineation data sheets for delineations, the wetland rating forms, and
baseline hydrologic data;
ii. A description of the methodologies used to conduct the wetland delineations; and
iii. The vegetative, faunal, and hydrologic characteristics of the wetland.
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17B.05.020I Wetlands – compensatory mitigation.
1. Wetland Mitigation Sequencing: Proposed activities or uses that would impact wetlands
must follow the mitigation sequencing requirement of KCC 17B.05.020B(2). Wetland
impacts may be allowed when there is no reasonable alternative site design that would
result in less adverse impact to a wetland or its buffer. Activities and uses within Category I
wetlands shall be limited to the following:
a. An existing public facility that must be expanded or extended into the wetland;
b. Utility construction or maintenance, where there is no other site that can serve the
utility’s function; or
c. Development associated with an approved variance that allows the impact.
2. Compensatory mitigation requirement: Compensatory mitigation is required for all alterations
to wetlands or their buffers, except for buffer averaging when done in accordance with this
Section.
3. Preference of mitigation actions: Mitigation actions that require compensation by replacing,
enhancing, or substitution shall occur in the following order of preference:
a. Restoring and/or rehabilitating filled or altered wetlands to their original or near-original
condition.
b. Creating wetlands on disturbed upland sites such as those with vegetative cover
consisting primarily of non-native introduced species. This should only be attempted
when there is a consistent source of hydrology and it can be shown that the surface and
subsurface hydrologic regime is conducive to the wetland community that is being
designed.
c. Enhancing significantly degraded wetlands in combination with restoration or creation.
4. Mitigation for lost or affected functions: Compensatory mitigation actions shall replace
functions affected by the alteration and shall provide equal or greater functions compared to
the impacted wetland.
5. Mitigation timing: Mitigation projects shall be completed prior to activities that will disturb
wetlands. In all other cases, mitigation shall be completed immediately following disturbance
and prior to use or occupancy of the activity or development. Construction of mitigation
projects shall be timed to reduce impacts to existing fisheries, wildlife, and flora.
6. Delay in mitigation: The Administrator may authorize a one-time temporary delay, up to one
hundred eighty (180) days, in completing minor construction and landscaping when
environmental conditions could produce a high probability of failure or significant
construction difficulties. The delay shall not create or perpetuate hazardous conditions or
environmental damage or degradation, and the delay shall not be injurious to the health,
safety, and general welfare of the public. The request for the temporary delay must include a
written justification that documents the environmental constraints which preclude
implementation of the mitigation plan. The justification must be verified and approved by the
County and include a financial guarantee.
7. Mitigation ratios for wetland impacts: Mitigation ratios shall be used when impacts to
wetlands cannot be avoided, as specified in the Table at KCC 17B.05.020I-1. The first
number specifies the acreage of replacement wetlands, and the second specifies the
acreage of wetlands altered. Compensatory mitigation shall restore, create, rehabilitate or
enhance equivalent or greater wetland functions. The ratios shall apply to mitigation that is
in-kind, is on-site, is the same category, is timed prior to or concurrent with alteration, and
has a high probability of success. These ratios do not apply to the use of credits from a
certified wetland mitigation bank or ILF program. When credits from a certified bank or ILF
program are used, replacement ratios should be consistent with the requirements of the
bank’s/program’s certification.
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17B.05.020I-1. Wetland Mitigation Ratios for Unavoidable Wetland Impacts
in Shoreline Jurisdiction
Category and
Type of
Impacted
Wetland
Restoration or Creation1,2 Rehabilitation1,2 Enhancement
Only1,3
Category I,
forested 6:1 12:1 24:1
Category I,
non-forested 4:1 8:1 16:1
Category II,
forested 4:1 8:1 16:1
Category II,
vernal pool4 2:1 4:1 Case-by-case
All other
Category II 3:1 6:1 12:1
All Category III 2:1 4:1 8:1
All Category IV 1.5:1 3:1 6:1
1 Natural heritage sites, alkali wetlands, and bogs are considered irreplaceable wetlands because they perform
special functions that cannot be replaced through compensatory mitigation. Impact to such wetlands would therefore
result in a net loss of some functions no matter what kind of mitigation is provided. 2 Provides gains in a whole suite of functions both at the site and landscape scale. Rehabilitation actions often focus
on restoring environmental processes that have been disturbed or altered by previous ongoing human activity. 3 Actions which provide gains in only a few functions. Enhancement action often focuses on structural or superficial
improvements to a site and generally does not address larger scale environmental processes. 4 Compensatory mitigation for vernal pool impacts must be seasonally ponded wetland area(s).
8. Increased replacement ratios: The Administrator shall increase the wetland mitigation ratios
under the following circumstances:
a. Uncertainty exists as to the probable success of the proposed restoration or creation;
b. A significant period of time will elapse between impact and replication of wetland
functions; or
c. Proposed mitigation will result in a lower category wetland or reduced functions relative
to the wetland being impacted.
9. Alternative mitigation ratios: The Administrator may approve different mitigation ratios when
the applicant proposes a combination of wetland creation, restoration, rehabilitation, and/or
enhancement, provided that federal and state resource agencies approve the mitigation plan
and the plan achieves no net loss of wetland functions and values.
17B.05.020J Aquatic habitat conservation areas – designation and mapping.
1. Designation and classification: Aquatic habitat conservation areas include:
a. Those streams and lakes which meet the criteria for Type S, F, Np, and Ns waters, as
defined in the water type classifications in the forest practices rules in WAC 222-16-030.
Type S waters are synonymous with shorelines of the state.
b. Areas with which federally and/or state-listed endangered, threatened, or sensitive
aquatic species have a primary association;
c. State priority aquatic habitats and areas associated with state priority aquatic species;
d. Naturally occurring ponds under twenty (20) acres in size; and
e. Naturally occurring lakes over twenty (20) acres and other waters of the state, including
waters planted with game fish by a government or tribal entity.
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2. Mapping: The approximate location and extent of aquatic habitat conservation areas are
shown on the County’s critical area maps. These maps are to be used as a guide and do not
provide definitive information about aquatic habitat conservation area size or presence.
Other aquatic habitat conservation areas may exist that do not appear on the maps. The
County shall update the maps as new aquatic habitat conservation areas are identified and
as new information becomes available.
17B.05.020K Aquatic habitat conservation areas – buffers.
1. Buffer widths: Buffers shall be established and maintained to protect regulated aquatic
habitat conservation areas as shown in the Table at KCC 17B.05.020K-1 below. These
stream buffers shall be measured in all directions from the OHWM as identified in the field.
The buffer widths for Type S Waters are shown in the Table at KCC 17B.05.050-1.
Shoreline buffers and vegetation conservation. Buffers shall not be altered except as
authorized by this Program. These standard buffer widths are presumed to be adequate to
protect aquatic habitat conservation area functions and values provided that the buffer
contains relatively intact native vegetation at the time of the proposed use or development.
Where the use is being intensified adjacent to a degraded buffer area that is not well
vegetated, the Administrator may require the degraded area to be revegetated to maintain
aquatic habitat conservation area functions and values.
17B.05.020K-1. Aquatic Habitat Conservation Area Buffers
for Type F, Np, and Ns Waters
Aquatic Habitat
Conservation Area Standard Buffer Width
Type F Waters 100 feet
Type Np Waters 50 feet
Type Ns Waters 30 feet
2. Buffer condition: Aquatic habitat conservation area buffers shall be maintained in a
predominantly well-vegetated and undisturbed condition. Alterations that are not associated
with an allowed use or development shall be prohibited.
3. Multiple buffers: In the event that buffers for any aquatic habitat conservation areas or other
critical areas are contiguous or overlapping, the landward-most edge of all such buffers shall
apply.
4. Interrupted buffers: When an aquatic habitat conservation area buffer contains an existing
legally established public or private road the Administrator may allow a use and/or
development on the landward side of the road provided that the use and/or development will
not have a detrimental impact to the habitat area. The applicant may be required to provide
a critical areas report to describe the impacts. In determining whether a critical areas report
is necessary, the County shall consider the hydrologic, geologic, and/or biological habitat
connection potential and the extent and permanence of the buffer interruption.
5. Increased buffers: The Administrator shall increase the aquatic habitat conservation area
buffer shown in the Table at KCC 17B.05.020K-1 width up to a maximum of two times the
standard width where the standard buffer is inadequate to prevent significant adverse
environmental impacts or address hazards associated with the site or the proposed
development activity. To assess whether a buffer increase is needed to project aquatic
habitat conservation area functions and values, the Administrator shall consider:
a. The historical and current susceptibility to severe erosion, channel instability, or
aggrading;
b. The presence of multiple channels or islands;
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c. The land adjacent to the ordinary high water mark and extending throughout the
standard habitat buffer is steeply sloped (greater than forty percent (40%) slope) and
there are no designated landslide hazards within the area of shoreline jurisdiction, such
that an increased buffer may be required to protect ecological functions; and
d. The adequacy of the standard width to prevent habitat degradation and protect the
structure and functions of the habitat area.
6. Buffer for aquatic habitat conservation area mitigation sites: Any aquatic habitat
conservation area that is created, restored, or enhanced as compensation for approved
alterations shall be the same as the buffer required for the category of the created, restored,
or enhanced aquatic habitat conservation area.
7. Buffer averaging: The Administrator may allow averaging of the aquatic habitat buffer widths
in the Table at KCC 17B.05.020K-1 when necessary to accommodate a single-family
residence or residential subdivision of four (4) or fewer lots. With buffer averaging, the buffer
width is reduced in one location and increased in another location to maintain the same
overall buffer area. Proposals for buffer averaging shall not require a shoreline variance or
compensatory mitigation if the following conditions are met:
a. The buffer has not been averaged or reduced by any prior actions administered by
Kittitas County;
b. No feasible site design could be accomplished without buffer averaging;
c. An approved critical area report demonstrates that the buffer averaging will not reduce
stream or habitat functions or adversely affect salmon habitat;
d. The minimum width of the buffer at any given point is at least seventy-five percent (75%)
of the standard width per the Table at KCC 17B.05.020K-1, or twenty-five (25) feet,
whichever is greater; and
e. The area that is added to the buffer to offset the reduction is well-vegetated. The
Administrator may require vegetation enhancement if needed to ensure this criterion is
met.
8. Buffer reduction: On sites that lack well-vegetated buffers, the Administrator may allow
reduction of the aquatic habitat buffer widths in the Table at KCC 17B.05.020K-1 when
necessary to accommodate a single-family residence or residential subdivision of four (4) or
fewer lots. The buffer reduction shall be allowed only in those limited instances when
adherence to the standard buffer is infeasible or presents a substantial hardship because of
site conditions, lot configuration or other circumstances. Residential subdivisions of more
than four (4) lots shall not be eligible for buffer reduction, except through a shoreline
variance. Buffers that have been averaged or reduced by any prior actions administered by
Kittitas County shall not be further reduced. Proposals for buffer reduction on such sites
shall not require a shoreline variance if the following conditions are met:
a. The existing buffer is predominantly unvegetated, composed of nuisance species or in
an otherwise highly disturbed condition;
b. The minimum width of the reduced buffer is at least seventy-five percent (75%) of the
standard width per the Table at KCC 17B.05.020K-1;
c. The reduced portion of the buffer cannot exceed forty percent (40%) of the buffer length
on the development property;
d. A critical area report demonstrates that the reduction will not result in a net loss of
shoreline and aquatic habitat functions and values;
e. The reduced buffer area is planted and enhanced with species native to central
Washington; and
f. A mitigation plan is developed and implemented, per the requirements of KCC
17B.05.020E.
9. Prior to approving a request for buffer averaging or reduction, the Administrator shall ensure
the development is designed to separate and screen the stream from impacts such as
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noise, glare, and vegetation trampling. The site design shall consider the varying degrees of
impacts of different land uses. For example, parking lots, store entrances, and roads
generally have higher noise and glare impacts than the rear of the store. Site screening
should take advantage of natural topography or existing vegetation, wherever possible.
Where natural screening is not available, berms, landscaping, and structural screens should
be implemented (e.g., orient buildings to screen parking lots and store entrances from
critical areas).
17B.05.020L Aquatic habitat conservation areas – reporting.
1. Except for single-family residences located outside of shoreline buffers, if a proposed use or
development is located within two hundred (200) feet of a designated aquatic habitat
conservation area, a critical areas report is required, and shall include the following:
a. The aquatic habitat conservation area habitat type and location of the OHWM;
b. All aquatic habitat conservation areas and required buffers within two hundred (200) feet
of the project area shall be depicted on the site plan;
c. The vegetative, faunal, topographic, and hydrologic characteristics of the aquatic habitat
conservation area; and
d. A detailed discussion of the direct and indirect potential impacts on aquatic habitat
conservation area by the project. Such discussion shall include a discussion of the
ongoing management practices that will protect habitat after the project site has been
developed
17B.05.020M Wildlife habitat conservation areas – designation, classification, mapping,
and surveying.
1. Designation: Wildlife habitat conservation areas shall include the following:
a. Areas where federal and/or state listed endangered, threatened, and sensitive species
have a primary association. This includes locations of nests, rookeries, or other breeding
areas of species of concern recognized by local, state, and federal public agencies
having jurisdiction over such species; and
b. State priority wildlife habitats and areas associated with state priority wildlife species;
and
c. Other state-identified priority habitats, including Aspen stands, biodiversity areas and
corridors, old-growth/mature forest, Oregon white oak woodlands, and shrub-steppe.
2. Mapping: The approximate location and extent of wildlife habitat conservation areas are
shown on the County’s critical areas maps. These maps are to be used as a guide and do
not provide definitive information about wildlife habitat conservation area size or presence.
The County shall update the maps as new wildlife habitat conservation areas are identified
and as new information becomes available.
3. Habitat boundary survey: If the Administrator determines that a wildlife habitat conservation
area may be present within the project vicinity, a wildlife habitat boundary survey shall be
required. Habitat surveys shall be conducted by a professional wildlife biologist who is
knowledgeable of wildlife habitat within Kittitas County, or by the Washington Department of
Fish and Wildlife. The management recommendations for Washington’s priority habitats and
species or federal equivalent should be used as a tool for identifying and delineating the
habitat boundary. The County may waive the requirement for the survey, if:
a. The proposed use or development is not within the extended proximity of the associated
habitat;
b. There is adequate information available on the area proposed for development to
determine the impacts of the proposed development and appropriate mitigating
measures; and
c. The applicant provides voluntary deed restrictions that are approved by the County.
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17B.05.020N Wildlife habitat conservation areas – reporting and mitigation requirements.
1. Habitat management plan: When a use or development is proposed in or adjacent to a
habitat conservation area, the Administrator shall require the applicant to submit a habitat
management plan, prepared by a professional wildlife biologist who is knowledgeable of
wildlife habitat within Kittitas County, when the following conditions are met:
a. A proposed use or development is located within two hundred (200) feet of a known or
suspected wildlife habitat conservation area; and
b. There are potential direct and/or indirect impacts on wildlife species or habitat from the
proposed use or activity.
2. Habitat management plan contents: The habitat management plan shall include a
discussion of the potential direct and indirect impacts, as well as a discussion of the ongoing
management practices that will protect habitat after the project site has been developed.
The habitat management plan will include any relevant information and recommendations
from the Washington State Department of Fish and Wildlife habitat guidelines for the
affected species and/or habitat. Based on the characteristics of the site, the Administrator
may require that all or a portion of the following be included in a habitat management plan:
a. A map drawn to scale or survey showing the location of the fish and wildlife habitat
conservation area on the subject property, as well as the approximate location of any
potential fish and wildlife habitat conservation area within two hundred (200) feet of the
subject property; and
b. Detailed description of vegetation and habitat characteristics within and adjacent to the
site.
c. Identification of any endangered, threatened, sensitive, or candidate species that have a
primary association with habitat on the project area, and assessment of potential project
impacts to use of the buffer and critical area on the site by the species.
d. Methods and measures to avoid, minimize and/or compensate for adverse impacts
associated with the proposed use and development, including, but not limited to:
i. Prohibition or limitation of use and development activities within the fish and wildlife
habitat conservation area;
ii. Establishment of a buffer around the fish and wildlife habitat conservation area;
iii. Retention of vegetation and/or re-vegetation of areas/habitats critically important to
species;
iv. Special construction techniques;
v. Implementation of erosion and sediment control measures;
vi. Habitat enhancement (i.e., fish passage barrier removal);
vii. Seasonal restrictions on construction activities on the subject property;
viii. Clustering of development activities on the subject property; and
ix. Any other requirements and/or recommendations from Washington State
Department of Fish and Wildlife’s habitat management guidelines.
3. Wildlife habitat management and mitigation plan: For unavoidable impacts to wildlife habitat
conservation areas, a wildlife habitat management and mitigation plan shall be prepared by
a wildlife biologist who is knowledgeable of wildlife habitat within Kittitas County. The Wildlife
habitat management and mitigation plan shall:
a. Demonstrate, when implemented, that there shall be no net loss of ecological function of
habitat; and
b. Identify how impacts from the proposed project shall be mitigated, as well as the
necessary monitoring and contingency actions for the continued maintenance of the
wildlife habitat conservation area and its associated buffer.
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4. In addition to the general mitigation plan requirements described above, the wildlife habitat
management and mitigation plan shall contain a report containing, but not limited to, the
following information:
a. A map or maps indicating the boundary of the habitat conservation areas; the width and
length of all existing and proposed structures, utilities, roads, easements; wastewater
and stormwater facilities; adjacent land uses, zoning districts and comprehensive plan
designations;
b. A description of the proposed project including the nature, density and intensity of the
proposed use or development and the associated grading, structures, roads, easements,
wastewater facilities, stormwater facilities, utilities, etc., in sufficient detail to allow
analysis of such land use change upon the habitat conservation area;
c. A description of the vegetation in the habitat conservation area, on the overall project
site and adjacent to the site;
d. A detailed description of the proposed project’s effect on the habitat conservation area,
and a discussion of any federal, state, or local management recommendations which
have been developed for the species or habitats in the area; and
e. An explanation of how any adverse impacts created by the proposed use or
development will be mitigated, including the following techniques:
i. Establishment of buffer zones;
ii. Preservation of critically important plants and trees;
iii. Limitation of access to the habitat conservation area;
iv. Seasonal restriction of construction activities; and
v. Establishment of a timetable for periodic review of the plan.
17B.05.020O Geologically hazardous areas – designation, classification, and mapping.
1. Designation: Lands classified as landslide, erosion, mine, volcanic, and seismic hazard
areas are hereby designated as geologically hazardous areas and are subject to the
standards of this Section.
2. Classification: Landslide hazard areas – lands potentially subject to landslides based on a
combination of geologic, topographic, and hydrologic factors. They include any areas
susceptible because of any combination of bedrock, soil, slope (gradient), slope aspect,
structure, hydrology, or other factors. The following shall be designated as landslide hazards
and are subject to the requirements of this Section:
a. Areas of historic failures, such as:
iv. Those areas delineated by the Natural Resource Conservation Service (NRCS) as
having a “severe” limitation for building site development; or
v. Those areas mapped as landslides, as having a liquefaction susceptibility, or
having a NEHPR seismic site class of A through D on the most current Washington
State Department of Natural Resources Division of Geology and Earth Resources
natural hazards web based map; or
vi. Areas designated as quaternary slumps, earth-flows, mudflows, lahars, or
landslides on maps published by the U.S. Geological Survey or Washington State
Department of Natural Resources Division of Geology and Earth Resources.
b. Areas with all three (3) of the following characteristics:
i. Slopes steeper than fifteen percent (15%);
ii. Hillsides intersecting geologic contacts with a relatively permeable sediment
overlying a relatively impermeable sediment or bedrock; and
iii. Springs or groundwater seepage.
c. Areas that have shown movement during the Holocene epoch (from 10,000 years ago to
the present) or which are underlain or covered by mass wastage debris of this
epoch;
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d. Slopes that are parallel or sub-parallel to planes of weakness (such as bedding planes,
joint systems, and fault planes) in subsurface materials;
e. Slopes having gradients steeper than eighty percent (80%) subject to rock fall during
seismic shaking;
f. Areas potentially unstable as a result of rapid stream incision, stream bank erosion, and
undercutting by wave action, including stream channel migration zones;
g. Areas that show evidence of, or are at risk from snow avalanches;
h. Areas located in a canyon or on an active alluvial fan, presently or potentially subject to
inundation by debris flows or catastrophic flooding; and
i. Any area with a slope of forty percent (40%) or steeper and with a vertical relief of ten
(10) or more feet except areas composed of bedrock. A slope is delineated by
establishing its toe and top and measured by averaging the inclination over at least ten
(10) feet of vertical relief.
3. Classification: Erosion hazard areas – areas containing soils that may experience significant
erosion, including:
a. Slopes forty percent (40%) or steeper with a vertical relief of ten (10) or more feet,
except areas composed of consolidated rock.
b. Concave slope forms equal to or greater than fifteen percent (15%) with a vertical relief
of ten (10) or more feet, except areas composed of consolidated rock.
c. Channel migration zones: Areas within which the stream channel can reasonably be
expected to migrate over time as a result of normally occurring hydrological and related
processes when considered with the characteristics of the river and its surroundings.
Such hazards are characterized by abandoned channels, ongoing sediment deposition
and erosion, topographic position, and changes in the plant community, age, structure
and composition.
4. Classification: Seismic hazard areas – lands subject to severe risk of damage as a result of
earthquake induced ground shaking, slope failure, settlement, soil liquefaction, or surface
faulting the following classifications shall be designated as seismic hazard and are subject
to the requirements of this Section.
5. Classification: Volcanic hazard areas – areas subject to pyroclastic flows, lava flows, debris
avalanche, inundation by debris flows, mudflows, or related flooding resulting from volcanic
activity. There are no active or dormant volcanoes located within Kittitas County; however
Mount Rainer and Mount St. Helens are relatively near. Hazards to Kittitas County residents
from these volcanoes are limited to ash deposition.
6. Classification: Mine hazards areas – areas underlain by abandoned mine shafts, secondary
passages between shafts tunnels, or air vents. Mine hazards include subsidence, which is
the uneven downward movement of the ground surface caused by underground workings
caving in; contamination to ground and surface water from tailings and underground
workings; concentrations of lethal or noxious gases; and underground fires.
7. Mapping: The approximate location and extent of geologically hazardous areas are shown
on maps maintained by the County. These maps shall be advisory and used by the
Administrator to provide guidance in determining applicability of the standards to a property.
These maps shall be updated periodically as new information becomes available.
17B.05.020P Geologically hazardous areas – reporting and protection standards.
1. New shoreline uses and developments shall be located, designed, constructed, and
maintained to avoid geologically hazardous areas. Impact avoidance measures shall
include, but not be limited to, locating the use/development outside of the hazard area,
reducing the number, size or scale of buildings, driveways and other features; altering the
configuration or layout of the proposed development; using environmentally favorable
construction materials; implementing special engineering methods for construction,
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drainage, runoff management etc.; foregoing construction of accessory structures;
preserving native vegetation; and other reasonable measures.
2. New uses and developments may be allowed in geologically hazardous areas and/or their
buffers only when specifically allowed by this Program and when all reasonable measures
have been taken to avoid adverse effects on slope stability and protect human health and
safety.
3. Critical facilities shall be prohibited in geologically hazardous areas and/or their buffers.
4. The Administrator shall review each use and development proposal to determine if there is
any possible geologically hazardous area on-site. In making the determination, the
Administrator shall use the best available information including any previously completed
special reports conducted in the vicinity of the subject proposal. If no hazard area is
determined to be present, this Section shall not apply to the review of the proposed use or
development.
5. Hazard present (non-channel migration zone): If it is determined that a severe erosion
hazard, mine hazard, seismic hazard, or landslide hazard other than a channel migration
zone hazard, may be present on or adjacent to a proposed development site, the applicant
shall submit a geologic hazard area risk assessment prepared by a professional engineer,
engineering geologist, or geologist. The geologic hazard area risk assessment shall include:
a. A description of the geology of the site and the proposed use or development;
b. An assessment of the potential impact the project may have on the geologic hazard;
c. An assessment of what potential impact the geologic hazard may have on the project;
d. Appropriate mitigation measures, if any; and
e. A conclusion as to whether further analysis is necessary.
The assessment shall be signed by and bear the seal of the engineer or geologist that
prepared it. No further analysis shall be required if the geologic hazard area risk assessment
concludes that there is no geologic hazard present on the site, nor will the project affect or
be affected by any potential geologic hazards that may be nearby. If the professional
preparing the geologic hazard area risk assessment concludes that further analysis is
necessary, the applicant shall submit a geotechnical report consistent with the provisions of
this Section.
6. Geotechnical report (non-channel migration zone): The geotechnical report shall include a
certification from the engineering geologist or geotechnical engineer preparing the report,
including the professional’s stamp and signature. The geotechnical report shall include the
following:
a. A detailed description of the geology and soil conditions of the site;
b. Evaluation of the geologic conditions giving rise to the geologic hazard;
c. An evaluation of the safety of the proposed project;
d. Conclusions and recommendations regarding the effect of geologic conditions on the
proposed use or development;
e. Conclusions and recommendations on the suitability of the site to be developed;
f. A statement regarding the risk of damage from the project, both on- and off-site; and
whether or not the project will materially increase the risk of occurrence of the hazard;
g. Recommendations concerning drainage practices, vegetation retention and other
mitigation and monitoring measures which may be needed to ensure slope stability;
h. Recommended erosion and sediment control measures;
i. A bibliography of scientific citations; and
j. Any other specific measures which must be incorporated into the design and operational
plan of the project to eliminate or reduce the risk of damage due to the hazard. This shall
include a recommendation on the required buffer or setback distance that must be
maintained between the proposed action and the hazard to ensure the safety of the use
or development.
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7. Hazard present (channel migration zone): If County maps indicate that a potential channel
migration zone hazard exists on or adjacent to a proposed use or development site, the
applicant shall either:
a. Locate the proposal landward of the channel migration hazard area as indicated on the
map; or
b. Submit a channel migration zone study, prepared by a geologist, engineering geologist,
or professional engineer licensed in the state of Washington with at least five (5) years of
experience in analyzing channel response in the fluvial systems of the Pacific Northwest,
that demonstrates the following:
i. The parcel on which the development or use is proposed is effectively protected
(disconnected) from channel movement due to the existence of permanent levees
maintained by public agencies or infrastructure such as roads and bridges
constructed and maintained by public agencies (not all roads and levees will be
considered disconnection points); or
ii. The proposed use or development site has minimal risk of channel migration
during the next one hundred (100) years as indicated by the existing channel type,
land cover (and low likelihood of future alterations in land cover); surficial geology,
low soil erosion potential; lack of evidence of likely avulsion pathways (including
areas upstream of, but proximate to, the site); low inundation frequency(ies). The
assessment shall include a review of available data regarding historical channel
locations at the site; identification of the site within a broader geomorphic reach of
the river system, and the general characteristics of that reach; description of
existing channel type, existing channel alterations and likelihood of future
alterations with changes in land cover; surficial geology, soils and erosion potential;
and geotechnical setbacks relating to erosion at the toe of adjacent slope(s). The
approach to assessing local migration shall be generally equivalent to the methods
detailed in “A Framework for Delineating Channel Migration Zones” (Ecology
Publication # 03-06-027), or similar method approved or sanctioned by Ecology.
8. Based upon the results of the channel migration zone assessment, the Administrator may
prohibit or limit use or development within a channel migration zone and/or require a buffer
of undisturbed natural vegetation from the edge of the channel migration zone.
9. The Administrator may impose conditions on any new shoreline use and developments in a
geologically hazardous area as needed to:
a. Protect slope stability and minimize erosion, seismic, and/or landslide hazard risks;
b. Maintain natural sediment and erosion processes that are integral to the health and
sustainability of freshwater ecosystems;
c. Minimize the potential for property damage related to seismic events, erosion and/or
landslides;
d. Minimize the need for structural shoreline stabilization in the future;
e. Protect human health and safety; and
f. Reduce public liabilities for damages associated with seismic events, erosion and/or
landslides.
17B.05.020Q Frequently flooded areas – designation and mapping.
1. Designation and mapping: All lands classified as floodway or special flood hazard areas in
the Federal Emergency Management Agency report titled “Flood Insurance Rate Maps and
Flood Boundary and Floodway Maps” dated November 5, 1980, as now or hereafter
amended are designated as frequently flooded areas. The report and maps are on file at
Kittitas County. When base flood elevation data has not been provided in the report, the
Administrator shall obtain, review, and reasonably utilize any base flood elevation and
floodway data available from the Federal Emergency Management Agency, Washington
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State Department of Ecology, or other qualified source. Where base flood elevation data
and floodway delineation are not available either through the report or from a qualified
source, historical data, high water marks, and photographs of past flooding shall be used to
determine base flood elevations.
2. Additional areas may be classified by the Administrator as frequently flooded areas, based
upon the following criteria:
a. Documented history of flood damage; and/or
b. Evidence of stream channel instability and susceptibility to erosion.
17B.05.020R Frequently flooded areas – protection standards.
1. New uses and developments within frequently flooded areas, including flood control
structures regulated in KCC 17B.05.030, shall comply with the Kittitas County Flood
Prevention Ordinance (KCC Chapter 14.08 – December 2014) which is hereby adopted by
reference.
2. Floodplain storage: New uses or developments shall not reduce the effective flood storage
volume within a frequently flooded area. If proposed grading, fill, or other activity would
reduce effective flood storage volume, then mitigation is required per KCC 17B.05.020T.
below.
17B.05.020S Frequently flooded areas – reporting.
1. The Administrator’s approval of a new use or development within a frequently flooded area
shall be contingent upon reporting that meets the requirements of KCC 14.08.110 through
14.08.130 (December 2014).
17B.05.020T Frequently flooded areas – compensatory mitigation.
1. Development proposals shall provide compensatory storage if grading, fill, or other activity
will reduce the effective base flood storage volume of the floodplain. Compensatory storage
shall comply with KCC 14.08.315 (December 2014) and the following:
a. Provide equivalent volume at equivalent elevations to that being displaced. For this
purpose, “equivalent elevation” means having similar relationship to ordinary high water
and to the best available ten-(10)-year, fifty-(50)-year, and one hundred-(100)-year water
surface profiles;
b. Be hydrologically connected to the source of flooding;
c. Provide compensatory storage in the same construction season as when the
displacement of flood storage volume occurs and before the flood season begins;
d. If the newly created storage area is accessible to fish during flood events, the area shall
be designed, graded and maintained to prevent fish stranding; and
e. The Administrator may approve equivalent compensatory storage off the site if
acceptable legal arrangements are made to assure that the effective compensatory
storage volume will be preserved over time.
2. Mitigation plans for development within frequently flooded areas that will reduce the effective
base flood storage volume of the floodplain shall be prepared by an engineer licensed in the
state of Washington and familiar with hydrology, hydraulics, and fluvial geomorphology.
Plans shall include the following information:
a. Potential that materials may be swept during flooding onto other lands to the detriment of
others;
b. Actual danger to life and property if flooding or erosion occurs;
c. Susceptibility of the proposed development and its contents to flood damage;
d. Availability of alternative locations for the proposed use which are not subject to flood or
erosion damage;
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e. Relationship of the proposed use to the comprehensive plan and floodplain management
program for that area;
f. Safety of access to the property in times of flood for ordinary and emergency vehicles;
g. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood
waters and the effects of wave action at the site;
h. Costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities;
i. Location and extent of storage area for floodwater which will be displaced by the
proposed development; and
j. The risk to public and private property and public health, safety and welfare due to rising
of water levels, shifting of stream channels (including related erosion) as well as costs to
individuals and the general public for items which are not insured such as loss of
productivity due to closed roads, risk to emergency response workers, loss of uninsured
property (cars, landscaping, etc.) and habitat damage as a result of loss of riparian
zones and floodplain function.
17B.05.020U Critical aquifer recharge areas – designation, mapping, and classification.
1. Designation: Critical aquifer recharge areas are areas where an aquifer that is a source of
drinking water is vulnerable to contamination that would affect the potability of the water.
These recharge areas have geologic conditions that allow high infiltration rates, which
contribute significantly to the replenishment of ground water. These conditions also create a
high potential for ground water contamination. All lands and shorelands classified as having
high aquifer recharge potential and aquifer susceptibility are hereby designated as critical
aquifer recharge areas. Critical aquifer recharge areas also include known wellhead
protection areas for Class A water systems. A wellhead protection area is the surface and
subsurface area surrounding a well or wellfield that supplies a public water system through
which contaminants are likely to pass and eventually reach the water well(s) as designated
under the Federal Safe Drinking Water Act.
2. Mapping: The general location and extent of critical aquifer recharge are shown on maps
maintained by the County. These maps are useful as a guide for Kittitas County, project
applicants, and/or property owners, and may be updated as more information on aquifer
recharge and susceptibility becomes available. These maps are a reference and do not
provide a conclusive or final critical area designation.
3. Classification: All Kittitas County shorelands shall be classified as having either a high,
medium, or low aquifer recharge potential. At a minimum, classification shall be based on
soil permeability and recharge potential as described within the Soil Survey of Kittitas
County. Where adequate information is available, aquifer recharge potential shall be further
classified based on the recharge potential of surficial geologic materials, presence or
absence of restrictive layers, surface and groundwater monitoring data, wellhead protection
areas, depth to groundwater, topography (i.e., slopes), and locally adopted groundwater
protection plans and studies. Land classified as having a high, medium, or low aquifer
recharge potential shall also be classified as having a high, medium, or low susceptibility to
contamination of an underlying aquifer, respectively. Based on these criteria, the potential
for recharging aquifers or transmitting contaminants to the underlying aquifer is greatest
where the aquifer is close to the ground surface, where ground surface slopes are minimal,
and where the recharge potential of the soils and/or surficial geologic material is greatest. All
wellhead protection areas shall be designated as highly susceptible critical aquifer recharge
areas. Wellhead Protection Areas are the areas defined by the boundaries of the 10-year
time of ground water travel, in accordance with WAC 246-290-135.
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17B.05.020V Critical aquifer recharge areas – protection standards.
1. Protection standards for critical aquifer recharge areas have been incorporated into the
water quality regulations in KCC 17B.05.060 and into the provisions for specific shoreline
uses in KCC 17B.04. Such standards shall be considered the minimum necessary to protect
critical aquifer recharge areas.
2. New use and development in a critical aquifer recharge area shall meet the following
standards:
a. The proposed use and/or development will not cause contaminants to enter the aquifer
and will not significantly adversely affect the recharging of the aquifer.
b. The proposed use and/or development must comply with applicable water source
protection requirements of the Federal Environmental Protection Agency (EPA),
Washington State Department of Health, and the Kittitas County Health Department.
c. The proposed use and/or development must be designed and constructed in accordance
with applicable stormwater management standards
3. When located within an area of medium or high aquifer susceptibility,
aboveground/underground storage tanks or vaults for the storage of hazardous substances,
animals wastes, sewage sludge, fertilizers, or other chemical or biological hazards or
dangerous wastes as defined in WAC Chapter 173-303, or any other substances, solids, or
liquids in quantities identified by Kittitas County Public Health, consistent with WAC 173-
303, as a risk to groundwater quality, shall be designated and constructed so as to:
a. Prevent the release of such substances to the ground, groundwaters, or surface waters;
b. Be contained or enclosed by an impervious containment area with a volume greater than
the volume of the storage tank or vault to avoid an overflow of the containment area;
c. Provide for release detection;
d. Provide written spill response and spill notification procedures to the local fire district;
e. Use material in the construction or lining of the storage containment area which is
compatible with the substance to be storage to protect against corrosion or leakage, or
otherwise designed in a manner to prevent the release or threatened release of any
storage substance; and
f. Comply with chapters 173-303 and 173-360 WAC.
g. The tanks must comply with Ecology regulations contained in WAC Chapters 173-360
and 173-303 as well as International Building Code requirements.
4. The Administrator may grant a waiver from one or more of the above requirements (in 3.a.
through g.) upon a finding that the aboveground storage activity would not create a
significant risk to groundwater quality. Aboveground or underground storage facilities
designed and maintained according to an approved plan from the Natural Resources
Conservation Service or Kittitas County Conservation District are exempt from these
requirements but remain under the jurisdiction of the County to ensure compliance with the
protective features of this Section and for enforcement purposes.
5. The use of fertilizers, herbicides, pesticides, or other chemical for vegetation management
within critical aquifer recharge areas shall adhere to the best management practices to
prevent impacts to water quality and water supply. Where the application of such chemicals
covers five (5) or more acres, a mitigation plan shall be required pursuant the regulations
listed below.
6. The following uses and development activities, when proposed in medium or high
susceptibility critical aquifer recharge areas, have the potential to adversely affect ground
water quality and/or quantity and may only be allowed subject to the County’s review and
approval of a special hydrogeological assessment prepared by a qualified professional:
a. Vehicle repair, servicing, and salvaging facilities, provided that the facility must be
conducted over impermeable pads and within a covered structure capable of
withstanding normally expected weather conditions. Chemicals used in the process of
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vehicle repair and servicing must be stored in a manner that protects them from weather
and provides containment should leaks occur. Dry wells shall not be allowed on sites
used for vehicle repair and servicing. Dry wells existing on the site prior to facility
establishment must be abandoned using techniques approved by the Washington State
Department of Ecology prior to commencement of the proposed activity;
b. Use of reclaimed wastewater must be in accordance with adopted water or sewer
comprehensive plans that have been approved by Ecology;
c. Any other uses or development activity that the Administrator determines is likely to have
a significant adverse impact on ground water quality or quantity, or on the recharge of
the aquifer. The determination must be made based on credible scientific information;
d. New landfills, including hazardous or dangerous waste, municipal solid waste, special
waste, wood waste of more than two thousand (2,000) cubic yards, and inert and
demolition waste landfills;
e. Underground injection wells. Class I, III, and IV wells and subclasses 5F01, 5D03, 5F04,
5W09, 5W10, 5W11, 5W31, 5X13, 5X14, 5X15, 5W20, 5X28, and 5N24 of Class V
wells;
f. Wood treatment facilities that allow any portion of the treatment process to occur over
permeable surfaces (both natural and manmade); and
g. Facilities that store, process, or dispose of chemicals containing perchloroethylene
(PCE) or methyl tertiary butyl ether (MTBE).
17B.05.020W Critical aquifer recharge areas – reports.
2. When required by this code, hydrogeological reports for proposed uses and developments
in critical aquifer recharge areas shall include the following information in addition to the
general mitigation requirements listed above:
a. Geologic setting and soils information for the site and surrounding area;
b. Water quality data, including pH, temperature, dissolved oxygen, conductivity nitrates,
and bacteria;
c. Location and depth of perched water tables;
d. Recharge potential of facility site (permeability/transmissivity);
e. Hydrologic budget;
f. Local groundwater flow, direction, and gradient;
g. Location, depth, and other water quality data on the three (3) shallowest wells or springs
located within one thousand (1,000) feet of the site;
h. Impacts on wellhead protection areas located within the proposed site;
i. Surface water locations within one thousand (1,000) feet of the site;
j. Discussion of the effects of the proposed project on groundwater quality and quantity;
k. Recommendations on appropriate mitigation, if any, to assure that there shall be no
measurable exceedence of minimum state groundwater quality standards or measurable
reduction in available quantity of groundwater;
l. Emergency management plan; and
m. Containment release detection.
17B.05.030 Flood hazard reduction.
The following provisions apply to actions taken to reduce flood damage or hazard and to uses,
development, and shoreline modifications that may increase flood hazards. Flood hazard
reduction measures may consist of non-structural measures, such as setbacks, land use
controls, wetland restoration, dike removal, use relocation, biotechnical measures, and
stormwater management programs as well as structural measures such as dikes, levees,
revetments, floodwalls, channel realignment, and elevation of structures consistent with the
National Flood Insurance Program.
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A. Policies. Pursuant to RCW 36.70A.480, the flood hazard reduction policies of the 2016
Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County
Comprehensive Plan.
B. Regulations.
1. Use and development in floodplains shall not significantly or cumulatively increase flood
hazards or be inconsistent with comprehensive flood hazard management plans adopted
pursuant to RCW Chapter 86.12.
2. New uses or development in shoreline jurisdiction, including the subdivision of land, shall
not be permitted when it would be reasonably foreseeable that the uses and/or development
would require structural flood hazard reduction measures within the channel migration zone
or floodway.
3. The following uses and activities may be appropriate and/or necessary within the channel
migration zone or floodway:
a. Actions that protect or restore the ecosystem-wide processes or ecological functions.
b. Forest practices in compliance with the Washington State Forest Practices Act and its
implementing rules.
c. Existing and ongoing agricultural practices provided that no new restrictions to channel
movement occur.
d. Mining when conducted in a manner consistent with KCC 17B.06.120 Mining, the
shoreline environment designation, and with the provisions of WAC 173-26-241(3)(h).
e. Bridges, utility lines, and other public utility and transportation structures where no other
feasible alternative exists or the alternative would result in unreasonable and
disproportionate costs. Where such structures are allowed, mitigation shall address
impacted functions and processes in the affected shoreline.
f. Repair and maintenance of an existing legal use, provided that such actions do not
cause significant ecological impacts or increase flood hazards to other uses.
g. Use and development with a primary purpose of protecting or restoring ecological
functions and ecosystem-wide processes.
h. Modification or additions to an existing nonagricultural legal use, provided that channel
migration is not further limited and that the new uses and/or development includes
appropriate protection of ecological functions.
i. Use and development in incorporated municipalities and designated urban growth areas,
as defined in RCW Chapter 36.70A, where structures exist that prevent active channel
movement and flooding.
4. Allow new structural flood hazard reduction measures in shoreline jurisdiction only when it
can be demonstrated by a scientific and engineering analysis that they are necessary to
protect existing development; that nonstructural measures are not feasible; that impacts on
ecological functions and priority species and habitats can be successfully mitigated so as to
assure no net loss; and that appropriate vegetation conservation actions are undertaken
consistent with KCC 17B.05.020G Shoreline buffer and vegetation conservation, and WAC
173-26-221(5).
5. Structural flood hazard reduction measures shall be consistent with the adopted Kittitas
County Multi-jurisdictional Hazard Mitigation Plan (October 2012).
6. Place new structural flood hazard reduction measures landward of the associated wetlands,
and designated vegetation conservation areas, except for actions that increase ecological
functions, such as wetland restoration; provided that such flood hazard reduction projects be
authorized if it is determined that no other alternative to reduce flood hazard to existing uses
and/or development is feasible. The need for, and analysis of feasible alternatives to,
structural improvements shall be documented through a geotechnical analysis.
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7. New structural public flood hazard reduction measures, such as dikes and levees, shall
dedicate and improve public access pathways unless public access improvements would
cause unavoidable health or safety hazards to the public, inherent and unavoidable security
problems, unacceptable and unmitigated significant ecological impacts, unavoidable conflict
with the proposed use, or cost that is disproportionate and unreasonable to the total long-
term cost of the use or development.
8. The removal of gravel for flood management purposes shall be consistent with an adopted
flood hazard reduction plan and with the provisions of W AC 173-26, KCC 17B.06.070
Dredging and dredge material disposal and KCC 17B.05.120 Mining; and be allowed only
after a biological and geo-morphological study shows that extraction has a long-term benefit
to flood hazard reduction, does not result in a net loss of ecological functions, and is part of
a comprehensive flood management solution.
17B.05.040 Public access.
Public access includes the ability of the general public to reach, touch, and enjoy the water’s
edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent
locations. Public access provisions below apply to all shorelines of the state unless stated
otherwise.
A. Policies. Pursuant to RCW 36.70A.480, the public access policies of the 2016 Kittitas
County Shoreline Master Program shall be considered as policies of the Kittitas County
Comprehensive Plan.
B. Regulations.
1. Public access shall consist of a dedication of land or easement and a physical improvement
in the form of a walkway, trail, bikeway, corridor, viewpoint, park, deck, observation tower,
pier, boat launching ramp, dock or pier area, or other area serving as a means of view
and/or physical approach to public waters and may include interpretive centers and displays.
2. New shoreline use and development by public entities, such as local governments, port
districts, state agencies, and public utility districts, shall provide public access as part of
each development project, unless such access is shown to be incompatible with the
Program due to reasons of safety, security, or adverse impacts to shoreline functions and
processes.
3. New shoreline use and development by private entities shall provide public access when:
a. The development would generate a public demand for one or more forms of such
physical or visual access;
b. The development will impair existing legal access opportunities or rights; or
c. The development is not a preferred shoreline use (e.g., non-water-oriented commercial
or industrial development).
4. Public health and safety concerns associated with community or public access sites shall be
adequately mitigated.
5. Efforts to implement the public access provisions of this Section shall be consistent with all
relevant constitutional and other legal limitations on regulation of private property and the
principles of nexus and proportionality.
6. Public access requirements on privately owned lands shall be commensurate with the scale
and character of the use and/or development and shall be reasonable, effective and fair to
all affected parties, including, but not limited to, the landowner and the public.
7. Where feasible, providers of shoreline public access shall:
a. Locate and design public access improvements in a manner that is compatible with the
natural shoreline character and avoids adverse impacts to shoreline ecological
processes and functions; and
b. Ensure public access improvements and amenities are safe, respect individual privacy,
and avoid or minimize visual impacts from neighboring properties; and
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c. Provide maps, signage, and orientation information to inform the public of the presence
and location of privately held shorelands, especially those adjacent to public access and
recreational areas; and
d. Incorporate programs, signage and informational kiosks into public access locations,
where appropriate, to enhance public education and appreciation of shoreline ecology
and areas of historical or cultural significance.
8. Opportunities to provide visual public access shall be evaluated during the review and
conditioning of all proposed commercial and industrial shoreline developments and
residential developments involving more than four (4) residential parcels.
9. Dedicated space for physical public access shall be incorporated into all use and
development proposals on public lands, all public and private commercial and industrial
uses and developments, multi-family residential development of more than four (4) dwelling
units, and all residential subdivisions of greater than four (4) parcels unless the project
proponent demonstrates that any of the following conditions exist:
a. Unavoidable public health or safety hazards exist and cannot be prevented through
reasonable means; or
b. The use and/or development has inherent security or cultural sensitivity requirements
that cannot be mitigated through reasonable design measures or other solutions; or
c. The provision of public access for the proposed use or development is not consistent
with all relevant constitutional and other legal limitations on regulation of private property
and the principles of nexus and proportionality; or
d. The cost of providing the access, easement or an alternative amenity is disproportionate
to the total long-term cost of the proposed use or development; or
e. The public access will cause unacceptable environmental impacts that cannot be
mitigated; or
f. The access would create significant, undue, and unavoidable conflicts with adjacent
uses that cannot be mitigated.
10. To be relieved from public access requirements the project proponent must demonstrate
that all feasible alternatives have been considered, including, but not limited to:
a. Regulating access through means such as maintaining a gate and/or limiting hours of
use; and
b. Separating uses and activities (e.g., fences, terracing, use of one-way glazing, hedges,
landscaping, etc.).
11. When physical public access is deemed to be infeasible, the proponent shall provide visual
access to the shoreline or provide physical access at an off-site location geographically
separated from the proposed use or development (e.g., a street end, vista, or trail system),
or for a residential development, provide community access to the shoreline or to a common
waterfront lot/tract for non-commercial recreational use of the property owners and guests
within the proposed subdivision.
12. Public access shall be located and designed to be compatible with the natural shoreline
character, to avoid adverse impacts to shoreline ecological functions and processes, and to
ensure public safety.
13. Public shoreline access provided by public road ends, public road rights-of -way, public
utilities and rights-of-way shall not be diminished by the County, neighboring property
owners, or other citizens, unless the property is zoned for industrial uses in accordance with
RCW Chapter 36.87.130.
14. Public access sites shall be directly connected to the nearest public street and shall include
improvements that conform to the requirements of the Americans with Disabilities Act (ADA)
when feasible and impacts to shoreline ecology are mitigated.
15. Opportunities for boat-in public access and access to primitive shorelines not accessible by
automobile shall be provided where feasible and appropriate.
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16. When required for public land, commercial, port or industrial use or development, public
access sites shall be fully developed and available for public use prior to final occupancy of
such use or development.
17. Public access easements, dedications, and permit conditions shall be recorded on the deed
of title and/or the face of a short or long plat as a condition running, at a minimum, for a
period contemporaneous with the duration of the authorized land use. Recording of such
easements, dedications, and conditions shall occur at the time of final approval for all
subdivisions and binding site plans or prior to final occupancy for other permits.
18. Where there is an irreconcilable conflict between water-dependent shoreline uses or
physical public access and maintenance of views from adjacent properties, the water-
dependent uses and physical public access shall have priority, unless there is a compelling
reason to the contrary.
19. Public access facilities shall be maintained over the life of the use or development. Future
actions by successors-in-interest or other parties shall not diminish the usefulness or value
of required public access areas and associated improvements.
20. Maintenance of the public access facility shall be the responsibility of the owner or home
owner’s association, unless otherwise accepted by a public or non-profit agency through a
formal agreement recorded with the County Auditor's Office. Applicants shall make
provisions to assure permanence and maintenance of public access facilities.
21. Access improvements shall not result in a net loss of shoreline ecological functions and
values.
22. Rights of navigation shall be protected in conformance with the provisions of this Program.
17B.05.050 Shoreline buffers and vegetation conservation.
Shoreline buffers protect shorelines from the adverse effects of adjacent land use and
development. Buffers also help protect people and property from natural hazards that are
present on some shorelines. Vegetated buffers provide habitat, maintain water quality, stabilize
slopes and streambanks, and help achieve no net loss of shoreline ecological functions; to
function effectively, buffers must be well-vegetated. As a result, the Program promotes
vegetation conservation including restrictions on clearing and grading, vegetation restoration
and enhancement, and the control of invasive weeds and non-native species.
Unless otherwise stated, buffer and vegetation conservation regulations of this Program do not
apply to those activities covered under the Washington State Forest Practices Act, except for
conversion of forest uses to other uses and those other forest practice activities over which local
governments have authority. As with all master program provisions, buffer and vegetation
conservation provisions apply even to those shoreline uses and developments that are exempt
from the requirement to obtain a shoreline permit. Like other master program provisions, buffer
and vegetation conservation standards do not apply retroactively to legally established existing
uses and structures, such as existing agricultural activities.
A. Policies. Pursuant to RCW 36.70A.480, the shoreline buffers and vegetation conservation
policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of
the Kittitas County Comprehensive Plan.
B. Regulations-shoreline buffers.
1. New uses and developments shall be located landward of the shoreline buffers shown in the
Table at KCC 17B.05.050-1 in accordance with the shoreline environment designation,
unless this Program specifically allows the use/development within the shoreline buffer.
Shoreline buffers shall be measured in all directions from the OHWM. Uses/development
may also be subject to additional buffers prescribed in KCC 17B.05.020K of this Program
due to presence of critical areas. In such cases, the landward-most buffer shall apply.
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17B.05.050-1. Standard Shoreline Buffers (Type S Waters)
Shoreline Environment
Designation
Type S Standard Shoreline
Buffer Width (feet)
Urban Conservancy 100
Shoreline Residential 100
Rural Conservancy 100
Natural 150
2. Buffer condition: Shoreline buffers shall be maintained in a well-vegetated condition. For
purposes of this Program, a well vegetated buffer is one that supports a predominance of
native plant species at densities that would occur in similar relatively undisturbed settings.
Vegetation conservation standards do not apply retroactively to existing legally established
uses and developments. Vegetation associated with existing structures, uses and
developments may be maintained within shoreline jurisdiction. A letter of exemption
pursuant to KCC 17B.07.030 is not required for this normal maintenance.
3. Interrupted buffer: When a shoreline buffer contains an existing legally established public or
private road, the Administrator may allow development on the landward side of the road
provided that the development will not have a detrimental impact to the shoreline. The
applicant may be required to provide a critical areas report to describe the impacts. In
determining whether a critical areas report is necessary, the County shall consider the
hydrologic, geologic, and/or biological habitat connection potential and the extent and
permanence of the buffer interruption.
4. Allowed shoreline buffer alterations: Alteration or disturbance of the standard shoreline
buffers shown in the Table at 17B.05.050-1 shall not be allowed except in those limited
instances when the Administrator finds that the alteration is necessary to accommodate one
of the following uses/developments. In all cases, the buffer alteration shall be the minimum
necessary to accommodate the proposed use/development. The Administrator may require
vegetation enhancement outside of the disturbed area as compensation for the buffer
alteration:
a. Shoreline view corridors: The Administrator may allow limited and selective tree removal,
pruning, and/or limbing within the shoreline buffer to create one view corridor on a lot,
when otherwise consistent with this Program and if the following conditions are met:
i. The view corridor shall be limited to twenty-five (25) feet in width or twenty-five
percent (25%) of the width of the lot frontage, whichever distance is less;
ii. The removal of vegetation shall not require any ground-disturbing equipment and
shall not materially alter soils or topography;
iii. A view clearance plan may be requested by the Administrator when determined
that a substantial amount of vegetation is proposed for modification. The plan shall
be prepared by a qualified ecologist, forester, arborist, or landscape architect prior
to approving the view corridor and will include:
(a) Identification and description of the location and extent of the proposed tree
removal, pruning, and limbing, and the view corridor; and
(b) A critical areas report prepared by a qualified ecologist demonstrating the
proposed removal of vegetation will not result in a net loss of shoreline
ecological function.
iv. Proposed view clearance within a designated landslide or erosion hazard area
shall require review of the proposed clearance by an engineering geologist or
geotechnical engineer to ensure that the proposed removal of vegetation will not
cause or exacerbate hazards.
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b. Selective pruning. Selective pruning of trees for views is allowed. Selective pruning of
trees does not include removal of understory vegetation, and must not compromise the
health of the tree. A letter of exemption pursuant to KCC 17B.07.030 is not required for
selective pruning, provided the development is exempt pursuant to WAC 173-27-
040(2)(a), as amended.
c. Private pathways: Private pathways which provide pedestrian access to the shoreline
may be allowed within a shoreline buffer provided they are constructed of pervious
material, are less than or equal to six (6) feet wide, and follow a route that minimizes
erosion and gullying (e.g., a winding but direct path). Pathways shall be co-located within
the view corridor if one is available in order to minimize buffer disturbance. A letter of
exemption pursuant to KCC 17B.07.030 is not required for private pathways, provided
the development is exempt pursuant to WAC 173-27-040(2)(a), as amended.
d. Hazard tree removal: Removal of a hazard tree, including removal for compliance with
KCC 20.10, Wildland Urban Interface Code, may be allowed in the shoreline buffer when
trimming is not sufficient to address the hazard. Where the hazard is not immediately
apparent to the Administrator, the Administrator may require the applicant to submit a
hazard tree determination report prepared by a qualified arborist or forester.
e. Invasive species management: Removing invasive, non-native shoreline vegetation
listed on the Kittitas County Noxious Weed List or Washington State Noxious Weed
Board Monitor List should be allowed in the shoreline buffer when otherwise consistent
with this Program. The disturbed areas must be promptly re-vegetated using species
native to Kittitas County and appropriate for the ecological sitting. If the removal area is
greater than ten thousand (10,000) square feet or requires soil disturbance using non-
handheld mechanized equipment, the Administrator shall require a vegetation
management plan prepared by a qualified ecologist, forester, arborist, or landscape
architect prior to approving the invasive species removal. The vegetation management
plan shall identify and describe the location and extent of vegetation management. For
properties within designated landslide or erosion hazard areas, the Administrator may
require review of the vegetation management plan by an engineering geologist or
geotechnical engineer to ensure that the vegetation management will not cause or
exacerbate hazards associated with soil or slope instability. The location and size of the
invasive species management area shall be clearly defined on the site plan.
f. Public trails and other public access improvements: Public trails and public access
improvements may be allowed in the shoreline when there is no suitable alternative
location outside the buffer and when they are otherwise consistent with the policies and
regulations of this Program.
g. Utilities and essential public facilities: Utilities and essential public facilities that meet the
definition of water-dependent or water-related may be allowed in the shoreline buffer
when there is no suitable alternative location outside the buffer and when they are
consistent with the policies and regulations specified in KCC 17B.06.190.
h. Irrigation structures: Water control structures and sprinkle irrigation structures that
reduce siltation and retard surface runoff, and associated leveling and filling on land not
currently in agricultural use, may be allowed in the shoreline buffer provided the new
agricultural activities are located landward of existing agricultural activities. A letter of
exemption pursuant to KCC 17B.07.030 is not required for irrigation structures, provided
the development is exempt pursuant to WAC 173-27-040(2)(e), as amended.
i. Water-dependent and water-related uses: Water-dependent and water-related uses
provided the amount of buffer encroachment and disturbance are the minimum needed
to accommodate the use or development.
5. Buffer averaging: The Administrator may allow averaging of the shoreline buffer widths in
the Table at KCC 17B.05.050-1 when necessary to accommodate a single-family residence,
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residential subdivision of four (4) or fewer lots, or a water-dependent or water-related use or
development. The buffer averaging shall be allowed only in those limited instances when
adherence to the standard buffer is infeasible or presents a substantial hardship because of
site conditions, lot configuration or other circumstances. Buffers that have been averaged or
reduced by any prior actions administered by Kittitas County shall not be further averaged.
Prior to approving buffer averaging the Administrator shall require a critical area report (per
the requirements in KCC 17B.05.020W). With buffer averaging, the buffer width is reduced
in one location and increased in another location to maintain the same overall buffer area.
Proposals for buffer averaging shall not require a shoreline variance or compensatory
mitigation if the following conditions are met:
a. The minimum width of the buffer at any given point is at least seventy five percent (75%)
of the standard width per the Table at KCC 17B.05.050-1, or twenty-five (25) feet,
whichever is greater;
b. The net buffer area (acreage) after averaging is the same as the buffer area without
averaging; and
c. The area that is added to the buffer to offset the reduction is well-vegetated. The
Administrator may require vegetation enhancement if needed to ensure this criterion is
met.
6. Where possible, development and uses within the urban conservancy, rural conservancy,
and natural designations shall be situated to avoid or minimize impacts to forest habitat and
other relatively undisturbed native vegetation communities.
17B.05.060 Water quality, stormwater, and nonpoint pollution.
The following section applies to all uses and development in shorelines of the state, as defined
in WAC 173-26-020, that affect water quality. To ensure mutual consistency between shoreline
management provisions and other regulations that address water quality and stormwater
quantity, including public health, stormwater, and water discharge standards, the regulations
that are most protective of ecological functions shall apply.
A. Policies. Pursuant to RCW 36.70A.480, the water quality, stormwater, and nonpoint pollution
policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of
the Kittitas County Comprehensive Plan.
B. Regulations.
1. Shoreline use and development shall incorporate measures to protect and maintain surface
and groundwater quantity and quality in accordance with all applicable laws.
2. New uses and developments shall provide stormwater management facilities designed,
constructed, and maintained in accordance with the current stormwater management
standards. Deviations from these standards may be approved where it can be demonstrated
that off-site facilities would provide better treatment, or where common retention, detention
and/or water quality facilities meeting such standards have been approved as part of a
comprehensive stormwater management plan.
3. Best management practices for control of erosion and sedimentation shall be implemented
for all use and development proposals in shorelines through an approved temporary erosion
and sediment control (TESC) plan, identified in the Stormwater Management Manual for
Eastern Washington, as amended.
4. On-site sewage systems shall be located, designed and maintained to meet all applicable
water quality, utility, and health standards.
5. All building materials that may come in contact with water shall be constructed of untreated
wood, cured concrete, or steel. Materials used for decking or other structural components
shall be approved by applicable state agencies for contact with water to avoid discharge of
pollutants. Wood treated with creosote, arsenate compounds, copper chromium arsenic or
pentachlorophenol is prohibited in shoreline water bodies.
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6. Permanent stormwater management systems serving property within the shoreline shall be
designed using BMP’s ensuring water quality treatment in compliance with the Stormwater
Management Manual for Eastern Washington to prevent stormwater runoff from degrading
or adding to the pollution of recipient waters or adjacent properties. Maintenance of storm
drainage facilities on private property shall be the responsibility of the property owner(s).
This responsibility and the provision for maintenance shall be clearly stated on any recorded
subdivision, short plat, or binding site plan map, building permit, property conveyance
documents, maintenance agreements and /or improvement plans.
Chapter 17B.06
SHORELINE USE AND MODIFICATION POLICIES AND REGULATIONS
Sections
17B.06.010 General shoreline use policies.
17B.06.020 General shoreline modification policies.
17B.06.030 Agriculture.
17B.06.040 Aquaculture.
17B.06.050 Boating facilities, marinas, piers, and docks.
17B.06.060 Commercial development.
17B.06.070 Dredging and dredge material disposal.
17B.06.080 Filling, grading, and excavation.
17B.06.090 Forest practices.
17B.06.100 Industrial and port development.
17B.06.110 In-stream structures.
17B.06.120 Mining.
17B.06.130 Recreation.
17B.06.140 Residential development.
17B.06.150 Shoreline stabilization.
17B.06.160 Shoreline restoration and habitat enhancement.
17B.06.170 Signs.
17B.06.180 Transportation.
17B.06.190 Utilities.
17B.06.200 Shoreline bulk and dimensional standards.
17B.06.010 General shoreline use policies.
Pursuant to RCW 36.70A.480, the general shoreline use policies of the 2016 Kittitas County
Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive
Plan.
17B.06.020 General shoreline modification policies.
Pursuant to RCW 36.70A.480, the general shoreline modification policies of the 2016 Kittitas
County Shoreline Master Program shall be considered as policies of the Kittitas County
Comprehensive Plan.
17B.06.030 Agriculture.
A. Policies. Pursuant to RCW 36.70A.480, the agriculture policies of the 2016 Kittitas County
Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive
Plan.
B. Regulations.
1. The applicability of shoreline review for agricultural activities shall be determined based on
WAC 173-26-020 (Definitions) and WAC 173-26-241(3)(a) (Agriculture). Existing agricultural
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activities (see KCC 17B.07.020), including maintenance, repair and replacement of existing
equipment and facilities (e.g., machinery, roads, buildings, etc. see KCC 17B.07.030(3)(b)),
may continue as they historically have and may include changes in crops. New agricultural
activities on land not currently in agricultural use are subject to shoreline review. New
agricultural activities, equipment, and facilities are subject to shoreline review or exemption
when applicable. The following provisions apply to any development, construction, or use of
land for agricultural purposes.
2. New agricultural activities on lands that did not have agricultural activities in place on the
date of adoption of this Master Program; conversion of agricultural lands to non-agricultural
activities; the development of non-agricultural activities on agricultural lands; and uses in
support of agricultural activities are governed by the provisions of this Master Program and
subject to the following criteria:
a. Uses and activities shall be consistent with the environment designation;
b. Uses and activities shall be located and designed to ensure no net loss of ecological
functions;
c. Uses and activities shall not have a significant impact on other shoreline resources and
values.
3. New agricultural activities, equipment, and facilities shall utilize best management practices
established by the USDA Natural Resources Conservation Service or other similar agency.
4. Discharge of any manure storage facility into ground or surface water is prohibited.
17B.06.040 Aquaculture.
A. Policies. Pursuant to RCW 36.70A.480, the aquaculture policies of the 2016 Kittitas County
Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive
Plan.
B. Regulations.
1. All structures located within water bodies shall not preclude navigability of those waters at
any time, and shall be clearly marked so as to provide no hazard to navigation on those
waters.
2. Aquaculture facilities shall avoid significant conflict with water-dependent uses, the
spreading of disease, introduction of non-native species, or impacts to shoreline aesthetic
qualities.
17B.06.050 Boating facilities, marinas, piers, and docks.
A. Policies. Pursuant to RCW 36.70A.480, the boating facilities, marinas, piers, and docks
policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of
the Kittitas County Comprehensive Plan.
B. Regulations.
1. For purposes of this chapter, “boating facilities” excludes docks serving four (4) or fewer
single-family residences.
2. Private docks shall be prohibited on all rivers except the Columbia River.
3. Boating facilities, marinas and extended mooring sites shall:
a. Be located and designed as not to obstruct or cause danger to normal public
navigation of water bodies;
b. Be restricted to suitable locations and should avoid locating in critical habitat including
spawning and holding areas for anadromous fish;
c. Avoid or mitigate aesthetic impacts;
d. Mitigate special impacts of live-aboard vessels, such as water and wastewater needs,
and garbage collection;
e. Limit the total number of slips dedicated to live-aboard vessels to twenty percent (20%)
of marina’s total slips;
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f. Mitigate impacts to existing public access and navigation;
g. Provide documentation of ownership or authorization to use associated water areas;
h. Demonstrate that state and local regulations will be met. Agencies responsible for
such regulations shall be consulted as to the viability of the proposed design; and
i. Submit an operations and site plan demonstrating:
(1) Location and design of fuel handling and storage facilities to minimize
accidental spillage and protect water quality;
(2) Proper water depth and flushing action for any area considered for overnight
or long-term moorage facilities;
(3) Adequate facilities to properly handle wastes from holding tanks;
(4) Suitable environmental conditions and shoreline configuration;
(5) Adequate access located away from the immediate water's edge;
(6) Adequate parking and restroom facilities located landward of the shoreline
buffers shown in KCC 17B.05.050(B)(1).
4. Boat launch ramps shall comply with KCC 17B.06.050(B)(3)(a)(b)(c)(f)(g) and (h) shall meet
the following:
a. Minimize the area disturbed by boat launch construction.
b. Submit an operations and site plan demonstrating:
i. Vegetation management, mowing and trimming;
ii. Litter pick-up and disposal;
iii. Appropriate directional and regulatory signs;
iv. Adequate access located away from the immediate water's edge;
v. Adequate parking and restroom facilities located landward of the shoreline buffers
shown in KCC 17B.05.050(B)(1).
5. Piers, ramps, and docks permitted on lakes and the Columbia River shall meet the following
dimensional standards:
a. To prevent damage to shallow water habitat, piers and/or ramps shall extend at least
forty (40) feet perpendicular from the OHWM. Docks shall be positioned at least forty
(40) feet horizontally from the OHWM.
b. Float components for single party docks shall not exceed the dimensions of eight-by-
twenty (8-by-20)-feet or an aggregate total of one hundred sixty (160) square feet for
all float components. Float components for joint-use docks shall not exceed the
dimensions of eight-by-forty (8-by-40)-feet or an aggregate total of three hundred
twenty (320) square feet for all float components.
c. Piers and ramps shall be no more than four (4) feet in width for single or joint-use
docks. Greater widths may be permitted for community, public, or commercial docks
where use patterns can justify the increase.
d. The bottom of the pier or bottom of the landward edge of the ramp shall be elevated at
least two (2) feet above the plane of OHWM.
e. Floats shall not be located in shallow water habitat where they could ground or impede
the passage or rearing of any life stage of salmonid. Floats shall be in at least ten (10)
feet of water.
f. Grating shall cover the entire surface area of the pier, ramp, and/or float. The open
area of grating shall be at least fifty percent (50%) as rated by the manufacturer.
g. Pier and ramp construction shall meet or exceed the standards and/or requirements of
the Washington State Departments of Ecology, Fish and Wildlife, and Natural
Resources and the United States Army Corps of Engineers.
h. Flotation materials shall be permanently encapsulated to prevent breakup into small
pieces and dispersal in water, (e.g., rectangular float tubs).
6. New pier or dock construction, excluding docks accessory to single-family residences must
demonstrate that a specific need exists to support the intended water-dependent or public
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access use, for example, a market analysis showing demand for additional pier or dock
facilities.
7. New residential development of two (2) or more dwellings must provide joint-use or
community dock facilities, rather than allow individual docks for each residence, unless
documentation is provided demonstrating joint use is not feasible.
8. All piers and docks shall be designed and constructed to avoid or, if that is not possible, to
minimize and mitigate the impacts to ecological functions and critical areas. Structures shall
be made of materials that have been approved by the Washington State Department of Fish
and Wildlife.
9. Extended moorage on waters of the state is prohibited, except as allowed by applicable
state regulations and unless a lease or permission is obtained from the state and impacts to
navigation and public access are mitigated.
17B.06.060 Commercial development.
A. Policies. Pursuant to RCW 36.70A.480, the commercial development policies of the 2016
Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County
Comprehensive Plan.
B. Regulations.
1. Water-dependent commercial uses shall be given preference over-water-related and water-
enjoyment commercial uses. Prior to approval of water-dependent uses, the Administrator
shall review a proposal for design, layout, and operation of the use and shall make specific
findings that the use qualifies as a water-dependent use.
2. Non-water-oriented commercial uses are prohibited in the shoreline unless the use provides
significant public benefit with respect to the objective of the Act such as providing public
access and ecological restoration, and the commercial use is:
a. Part of a mixed use project that includes a water-dependent use; or
b. Proposed on a site where navigability is severely limited.
3. Commercial development shall not result in a net loss of ecological functions that have
significant adverse impacts to other shoreline uses, resources and values, such as
navigation, recreation, and public access.
4. Public access and ecological restoration should be considered as potential mitigation of
impacts to shoreline resources and values for all water-related or water- dependent
development unless such improvements are demonstrated to be infeasible or inappropriate.
5. Only those portions of water-dependent commercial uses that require over-water facilities
shall be permitted to locate waterward of the OHWM, provided they are located on pilings or
other open-work structures, and they are limited to the minimum size necessary to support
the structures intended use.
6. Non-water-dependent commercial uses shall not be allowed over-water except in limited
instances where they are appurtenant and necessary to support water-dependent uses.
17B.06.070 Dredging and dredge material disposal.
A. Policies. Pursuant to RCW 36.70A.480, the dredging and dredge material disposal policies
of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the
Kittitas County Comprehensive Plan.
B. Regulations.
1. Dredging and dredge material disposal shall be done in a manner that avoids or minimizes
significant ecological impacts. Impacts that cannot be avoided should be mitigated in a
manner that assures no net loss of shoreline ecological functions.
2. New uses and developments should be sited and designed to avoid or, where avoidance is
not possible, to minimize the need for new and/or maintenance dredging.
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3. Dredging for the purpose of establishing, expanding, relocating, or reconfiguring navigation
channels and basins shall be allowed where necessary for assuring safe and efficient
accommodation of navigational uses and then only when significant ecological impacts are
minimized and mitigated.
4. Maintenance dredging of established navigation channels and basins shall be restricted to
maintaining previously dredged and/or existing authorized locations, depths and widths.
5. All applications for substantial development permits that include dredging shall supply a
dredging plan that includes the following information:
a. The quantity of material to be removed;
b. The method of removal;
c. Location of spoil disposal sites and measures that will be taken to protect the
environment around them; and
d. Plans for the protection and restoration of the shoreline environment during and after
dredging operations.
6. A dredging operation judged by the Administrator to be insufficient for protection or
restoration of the shoreline environment shall cause denial of a substantial development
permit.
7. Dredging in surface waters shall be allowed only where necessary because of existing
navigation needs, habitat restoration or improvement, maintenance or construction of water-
dependent uses.
8. Minor trenching to allow the installation of necessary underground pipes or cables may be
allowed if no alternative, including boring, is feasible, and:
a. Impacts to fish and wildlife habitat are avoided to the maximum extent possible;
b. The utility installation shall not increase or decrease the natural rate, extent, or
opportunity of channel migration;
c. Appropriate best management practices are employed to prevent water quality impacts
or other environmental degradation; and
d. Mitigation is implemented, as appropriate, pursuant to KCC 17B.05.020 Environmental
protections and critical areas.
9. Dredging for the purpose of obtaining fill material is prohibited, except when permitted under
KCC 17B.06.120 Mining; or when needed for a project associated with the Model Toxics
Control Act (MTCA) or the Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA) habitat restoration, or any other significant restoration effort
approved by a shoreline conditional use permit, where placement of fill is waterward of the
OHWM.
10. Dredging and excavation shall be confined to the minimum area necessary to accomplish
the intended purpose or use.
11. Hydraulic dredging or other techniques that minimize the dispersal and broadcast of bottom
materials shall be preferred over agitation forms of dredging.
12. Curtains and other appropriate mechanisms shall be used to minimize widespread dispersal
of sediments and other dredge materials.
13. Entries across shore and wetland edges to accomplish dredging or excavation shall be
confined to the minimum area necessary to gain entry and shall be confined to locations
with the least potential for site disturbance and damage.
14. Dredging and excavation shall be scheduled at times having the least impact to fish
spawning, nesting patterns, and other identified natural processes.
15. Dredge spoils are also considered fill, and shall not be deposited within the shoreline except
where such deposit is in accordance with approved procedures intended to preserve or
enhance wildlife habitat, natural drainage, or other naturally occurring conditions.
16. Disposal of dredge material within a river’s channel migration zone shall require a
conditional use permit.
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17. Dredge material disposal on land away from the shoreline is permitted under the following
conditions:
a. Shoreline ecological functions and processes will be preserved, including protection of
surface and groundwater;
b. Erosion, sedimentation, floodwaters or runoff will not increase adverse impacts to
shoreline ecological functions and processes or property; and
c. Sites will be adequately screened from view of local residents or passersby on public
right-of-ways.
17B.06.080 Filling, grading, and excavation.
A. Policies. Pursuant to RCW 36.70A.480, the filling, grading, and excavation policies of the
2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas
County Comprehensive Plan.
B. Regulations.
1. Filling, grading or excavation waterward of the OHWM for any use except ecological
restoration shall require a conditional use permit.
2. Fill waterward of the OHWM shall be allowed with a shoreline conditional use permit only
when necessary to support:
a. Water-dependent use;
b. Public access;
c. Cleanup and disposal of contaminated sediments as part of an interagency
environmental clean-up plan;
d. Disposal of dredged material considered suitable under, and conducted in accordance
with the dredged material management program of the Washington State Department of
Natural Resources;
e. Expansion or alteration of transportation facilities of statewide significance currently
located on the shoreline and then only upon a demonstration that alternatives to fill are
not feasible; or
f. Mitigation action, environmental restoration, or enhancement project.
3. Fill for the purpose of increasing elevation may be permitted if such can be accomplished in
a manner consistent with the policies of this title.
4. Fill shall be the minimum necessary to accomplish the use or purpose and shall be confined
to areas having the least impact to the stream corridor. Other alternatives should be
preferred over fill to elevate new homes in the floodplain, such as increasing foundation
height or zero-rise methods such as piers, posts, columns, or other methods.
5. Fill in floodplains shall meet the requirements of KCC 17.05.020 Environmental protection
and critical areas and KCC 17B.05.030 Flood hazard reduction.
6. Pile or pier supports shall be preferred over fill for water-dependent uses and facilities.
7. Unless site characteristics dictate otherwise, fill material within surface waters or wetlands
shall be sand, gravel, rock, or other clean material, with a minimum potential to degrade
water quality.
8. Fill placement shall be scheduled at times having the least impact to fish spawning, nesting
patterns, and other identified natural processes.
9. Fill shall be stabilized with native vegetation where appropriate to prevent erosion, migration
of sediments and other material from the fill area to surrounding water, shore, and wetlands,
unless technical consultation with other regulating agencies indicates alternative means are
required.
10. Projects that propose fill shall make every effort to acquire fill on-site (also known as
compensatory storage) where appropriate.
11. Excavation that occurs either waterward of the OHWM or within wetlands shall be
considered dredging for purposes of this Program.
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12. Filling, grading or excavation shall not be located where shoreline stabilization will be
necessary to protect materials placed or removed. Disturbed areas shall be immediately
stabilized and re-vegetated, as applicable.
13. Filling, grading, and excavation shall be designed to blend physically and visually with
existing topography whenever possible, so as not to interfere with long-term appropriate use
including lawful access and enjoyment of scenery.
14. Cut and fill slopes shall generally be no steeper than one (1) foot vertical for every three (3)
feet horizontal unless a specific engineering analysis has been provided certifying that the
proposed slope is stable, and the Administrator determines that the fill blends physically and
visually with existing topography.
15. A temporary erosion and sediment control (TESC) plan, consistent with the standards found
in the Stormwater Manual for Eastern Washington, shall be provided for all proposed filling,
grading, and excavation activities.
16. Excavation and grading for the primary purpose of restoration of shoreline habitat and the
natural character of the shoreline must demonstrate the following:
a. The site is currently degraded and provides limited ecological function; and
b. The restoration project will result in a net increase in ecological function within the
project boundaries; and
c. The project complies with the provisions of KCC 17B.05.020 Environmental protection
and critical areas.
17B.06.090 Forest practices.
A. Policies. Pursuant to RCW 36.70A.480, the forest practices policies of the 2016 Kittitas
County Shoreline Master Program shall be considered as policies of the Kittitas County
Comprehensive Plan.
B. Regulations.
1. All federal forest practices or non-federal forest practices meeting the criteria below shall
qualify for an exemption from this Program. All forest practices qualifying for this exemption
shall demonstrate compliance by providing a copy of the federal approval or state forest
practices permit. To qualify for an exemption a non-federal forest practice must meet the
following criteria:
a. The activities includes harvest/treatment of at least five (5) acres of forestland, or
supporting such an operation;
b. All harvesting within two hundred (200) feet of the OHWM of a shoreline of statewide
significance use methods meeting RCW 90.58.150 (selective harvest), as amended;
c. The activities are not associated with a conversion option harvest;
d. The activities are approved under a forest practices permit;
e. The activities are not associated with a harvest under a Class IV–General application to
convert forest land to non-forestry use.
2. Non-federal forest practices not meeting criteria (a), (b), or (c) above shall require a
conditional use permit.
3. Non-federal forest practices not meeting criteria (d) above (Class 1 forest practices activities
not requiring DNR approval) shall be reviewed as separate uses or activities.
4. Non-federal forest practices not meeting criteria (e) above shall be reviewed as a new
proposed use.
5. Within the shoreline jurisdiction, development activities associated with timber harvest (such
as road construction), land conversion of forest land to non-forest uses, and forest practices
not meeting any of the exemptions listed above must conform to all applicable provisions of
this Program.
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17B.06.100 Industrial and port development.
A. Policies. Pursuant to RCW 36.70A.480, the industrial and port development policies of the
2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas
County Comprehensive Plan.
B. Regulations.
1. Industrial uses are allowed subject to the policies and regulations of this Program and the
specific criteria below:
a. Water-dependent industrial uses shall be given preference over non-water dependent
industrial uses and, second, preference shall be given to water-related industrial uses
over non-water-oriented industrial uses. Prior to approval of water-dependent uses, the
Administrator shall review a proposal for design, layout, and operation of the proposed
use and shall make specific findings that the use qualifies as water-dependent.
b. Non-water-oriented industrial uses may be permitted where located on a site physically
separated from the shoreline by another property in separate ownership or a public right-
of-way such that access for water-oriented use is precluded. All other non-water-oriented
industrial and port uses are prohibited in the shoreline unless the use provides
significant public benefit and is either part of a mixed-use project that includes water-
dependent uses; or located on a site where navigability is severely limited.
c. Industrial development shall be located, designed, and constructed in a manner that
assures no net loss of shoreline ecological functions and such that it does not have
significant adverse impacts to other shoreline resources and values.
2. Required setback areas shall not be used for storage of industrial equipment, materials, or
waste disposal, but may be used for outdoor recreation and public access. Portions of side
yard setbacks may be used for light motor vehicle parking if design of such facilities is
consistent with this Program.
3. Disposal or storage of solid or other industrial wastes is not permitted on shorelines.
4. When feasible, mitigation to ensure no net loss of shoreline ecological functions should be
implemented in a manner consistent with restoration opportunities identified in the “Kittitas
County Shoreline Restoration Plan.”
5. Only those portions of water-dependent industrial uses that require over-water facilities shall
be permitted to locate waterward of the OHWM, provided they are located on pilings or other
open-work structures, and they are limited to the minimum size necessary to support the
structures intended use.
17B.06.110 In-stream structures.
A. Policies. Pursuant to RCW 36.70A.480, the in-stream structures policies of the 2016 Kittitas
County Shoreline Master Program shall be considered as policies of the Kittitas County
Comprehensive Plan.
B. Regulations.
1. Channelization projects that damage fish and wildlife resources, degrade recreation and
aesthetic resources, or result in high flood stages and velocities shall not be permitted when
feasible alternatives are available.
2. Cut-and-fill slopes and backfilled areas shall be stabilized with brush matting and buffer
strips and re-vegetated with native grasses, shrubs, or trees to prevent loss of shoreline
ecological functions and processes.
3. In-stream structures shall be constructed and maintained in a manner that does not degrade
the quality of affected waters. The jurisdictions may require reasonable conditions to
achieve this objective, such as setbacks, buffers, or storage basins.
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4. Natural in-stream features such as snags, uprooted trees, or stumps should be left in place
unless it can be demonstrated that they are causing significant bank erosion or higher flood
stages, or pose an unavoidable hazard to navigation.
5. In-stream structures shall allow for natural groundwater movement and surface runoff.
6. A professionally engineered design is required for any proposed in-stream structure.
7. The design of all dams and the suitability of the proposed site for dam construction shall be
certified by a professional engineer licensed in the state of Washington. The professional
design shall include a maintenance schedule.
8. For all dams that are not regulated by either the Federal Energy Regulatory Commission
licensing procedures, or the Washington State Department of Ecology reservoir permit
requirements, a maintenance agreement and construction bond for one hundred fifty
percent (150%) of the cost of the structure shall be filed with the Administrator prior to
construction. The maintenance agreement shall specify who is responsible for maintenance,
shall incorporate the maintenance schedule specified by the design engineer, shall require
annual inspections by a civil engineer licensed in the state of Washington and shall stipulate
abandonment procedures which shall include, where appropriate, provisions for site
restoration.
9. No in-stream structure shall commence without having obtained all applicable federal, state,
and local permits and approvals, including but not limited to a hydraulic project approval
(HPA) from the Washington State Department of Fish and Wildlife.
10. Shoreline modification projects shall be designed and constructed to avoid or minimize
impacts to sediment transport.
17B.06.120 Mining.
A. Policies. Pursuant to RCW 36.70A.480, the mining policies of the 2016 Kittitas County
Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive
Plan.
B. Regulations.
1. Mining below the OHWM of a river shall be permitted only when:
a. Removal of specified quantities of sand and gravel or other materials at specific
locations will not adversely affect the natural processes of gravel transportation for the
river system as a whole; and
b. The mining and any associated permitted activities will not have significant adverse
impacts to habitat for priority species nor cause a net loss of ecological functions of the
shoreline.
c. Determination of whether the two provisions above have been met shall be made
consistent with RCW 90.58.100(1) and WAC 173-26-201(2)(a). Such evaluation of
impacts should be appropriately integrated with relevant environmental review
requirements of SEPA (RCW Chapter 43.21C) and the SEPA rules (WAC Chapter 197-
11).
d. In considering renewal, extensions or reauthorization of gravel bar and other in-channel
mining operations in locations where they have previously been conducted, local
government shall require compliance with this subsection (1) to the extent that no such
review has previously been conducted. Where there has been prior review, local
government shall review previous determinations comparable to the requirements of this
Section to assure compliance with this subsection(1) under current site conditions.
e. The provisions of this Section do not apply to dredging of authorized navigation channels
when conducted in accordance with WAC 173-26-231(3)(f).
2. Mining within any channel migration zone that is within the shoreline jurisdiction shall require
a shoreline conditional use permit.
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3. Mining shall not be permitted in designated fish and wildlife habitat areas except as a part of
an approved flood control program or in conjunction with a habitat restoration or
enhancement plan, provided that such activities are demonstrated to be water-dependent. A
determination of water dependency shall be based on an evaluation of geologic factors such
as the distribution and availability of mineral resources for that jurisdiction, and a need for
such mineral resources, economic, transportation, and land use factors. This demonstration
may rely on analysis or studies prepared for purposes of comprehensive plan designations,
and may be integrated with any relevant environmental review conducted under SEPA
(RCW Chapter 43.21 C), or otherwise be shown in a manner consistent with RCW
90.58.100(1) and WAC 173-26-201 (2)(a).
4. Application for permits for mining operations shall be accompanied by operation plans,
reclamation plans, and analysis of environmental impacts in compliance with local
ordinances and sufficient to make a determination as to whether the project will result in net
loss of shoreline ecological functions and processes during the course of mining and after
reclamation. Creation, restoration, or enhancement of habitat for priority species and the
future productivity of the site may be considered in determining no net loss of ecological
functions.
5. The designation of mineral resource lands of long-term commercial significance and the
development of mineral resource activities must demonstrate that mining is dependent on a
shoreline location, and that demand cannot reasonably be accommodated in operations
outside shoreline jurisdiction. Information required to meet this criteria shall evaluate
geologic factors such as the distribution and availability of mineral resources and the need
for such mineral resources.
6. Renewal, extension, or reauthorization of in-stream and gravel bar mining activities requires
review for compliance with WAC 173-26-241(3)(h)(ii)(D)(IV).
7. A reclamation plan that complies with the format and detailed minimum standards of RCW
78.44 shall be included with any shoreline permit application for mining. In reviewing
reclamation plans together with permit applications, the Administrator shall determine
whether or not the plan is also consistent with this Program and other local regulations. An
inconsistent reclamation plan shall constitute sufficient grounds for denial of a shoreline
permit, provided, the applicant/proponent shall be given reasonable opportunity to revise the
plan.
8. Subsequent use of reclaimed sites shall be consistent with the provisions of this Program.
17B.06.130 Recreation.
A. Policies. Pursuant to RCW 36.70A.480, the recreation policies of the 2016 Kittitas County
Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive
Plan.
B. Regulations.
1. Recreational development is a priority use of the shoreline. Preference shall be given to
water-dependent uses such as fishing, swimming, and boating. Water-related and water-
enjoyment uses such as picnicking, hiking, and walking are permitted provided they do not
displace water-dependent uses and are consistent with the specific shoreline environment.
Non-water-related recreation facilities and/or support facilities such as parking lots shall be
located in upland areas.
2. Linkage of shoreline parks and public access points by means of linear access should be
encouraged.
3. Commercial and public recreation areas or facilities on the shoreline shall provide physical
or visual public access consistent with KCC 17B.05.040, Public access.
4. Commercial recreational facilities shall be consistent with the provisions of KCC 17B.06.060
Commercial development.
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5. Recreational uses and facilities shall be designed and located to ensure no net loss of
critical areas and shoreline ecological functions.
6. Recreation facilities shall be designed to take maximum advantage of and enhance the
natural character of the shoreline area. The use of native plant species is preferred over the
use of plant types that need extensive maintenance and support (mowing, pruning,
irrigation, etc.).
7. Recreational facilities shall incorporate means to prevent erosion, control the amount of
runoff and prevent harmful concentrations of chemicals and sediment from entering water
bodies.
8. State-owned shorelines of the state are priority locations for wilderness beaches, ecological
study areas and other recreational activities for the general public.
9. The location, design, and operation of recreational facilities shall be consistent with the
purpose of the environmental designation.
10. Within the natural environment, passive water-oriented recreational development, such as
primitive trails or primitive campsites, is permitted provided, topography and native
vegetation are not substantially altered. Any necessary landscaping or site restoration shall
use native or similar self-maintaining vegetation. No permanent structures are allowed in the
natural environment.
11. Recreational activities in the urban conservancy and rural conservancy environment must
be compatible with existing or proposed uses in the area and must not create a noise, traffic,
visual, or similar problem.
17B.06.140 Residential development.
A. Policies. Pursuant to RCW 36.70A.480, the residential development policies of the 2016
Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County
Comprehensive Plan.
B. Regulations.
1. New residential development, including lot creation, will not be approved in cases when it
can be reasonably foreseeable that the use or development would require structural flood
hazard reduction measures within the floodway during the life of the use or development.
2. New residential development shall assure that the proposal will not require shoreline or
slope stabilization measures. Where located in a designated geologically hazardous area, a
geotechnical analysis of the site and shoreline characteristics shall demonstrate that
shoreline stabilization is unlikely to be necessary; setbacks from steep slopes, bluffs,
landslide hazard areas, seismic hazard areas, riparian shoreline and erosion areas, shall be
sufficient to protect structures during the life of the structure; and impacts to adjacent,
downslope or down-current properties are not likely to occur during the life of the lots
created.
3. New over-water residential structures, including floating homes, are prohibited.
4. New residential development shall be designed to comply with applicable setbacks, critical
area buffers, lot frontage requirements, height limits and density standards.
5. Residential development shall make provisions for vegetation conservation in conformance
with 17B.05.050 Shoreline buffer and vegetation conservation.
6. Shoreline access for residential development shall incorporate access to adjacent publicly
owned shorelines or public water bodies as provided for in KCC 17B.05.040, Public access.
17B.06.150 Shoreline stabilization.
Shoreline erosion – including erosion caused by currents, flood, wind or wave action – is a
natural phenomenon associated with properly functioning shoreline environments. However,
erosion can put existing structures and uses at risk. In some cases, shoreline stabilization is
necessary to protect existing uses and development from naturally occurring erosion. Shoreline
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stabilization includes actions taken to address erosion impacts to property and dwellings,
businesses, or structures caused by natural processes, such as current, flood, wind, or wave
action. These actions include nonstructural and structural methods.
Nonstructural methods include building setbacks, relocation of the structure to be protected,
groundwater management, planning and regulatory measures to avoid the need for structural
stabilization.
Structural stabilization measures include:
• Vegetation enhancement;
• Anchor trees;
• Gravel placement;
• Rock revetments;
• Gabions;
• Concrete groins;
• Retaining walls and bluff walls; and
• Bulkheads.
Structural stabilization measures can be “hard” or “soft.” “Hard” structural stabilization refers to
those with solid, hard surfaces, such as concrete bulkheads, while "soft" structural measures
rely on less rigid materials, such as biotechnical vegetation measures.
Generally, the harder the construction measure, the greater the impact on shoreline processes,
including sediment transport, geomorphology, and biological functions. Additionally, hard
structures, especially vertical walls, often create conditions that lead to failure of the structure.
Failed bulkheads and walls adversely impact beach aesthetics, may be a safety or navigational
hazard, and may adversely impact shoreline ecological functions.
A. Policies. Pursuant to RCW 36.70A.480, the shoreline stabilization policies of the 2016
Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County
Comprehensive Plan.
B. Regulations.
1. New uses and developments shall be located and designed to avoid the need for future
shoreline stabilization to the extent feasible.
2. Subdivision of land should not create lots that will require shoreline stabilization in order for
reasonable use or development to occur.
3. New uses and developments on steep slopes or bluffs shall be set back sufficiently to
ensure that shoreline stabilization is unlikely to be necessary during the life of the structure,
as demonstrated by a geotechnical analysis.
4. New uses and developments that would require shoreline stabilization which causes
significant impacts to adjacent or down-current properties and shoreline areas shall not be
allowed.
5. New structural stabilization measures shall only be allowed for the following instances, and
then only when necessity is demonstrated based on criteria included in this Section:
a. When necessary to protect an existing primary structure;
b. In support of new non-water-dependent development, including single-family residence;
c. In support of new water-dependent development; and
d. To protect projects for the restoration of ecological functions or hazardous substance
remediation projects.
6. New or enlarged structural shoreline stabilization measures for an existing primary structure,
including residences, are permitted only if there is conclusive evidence, documented by a
geotechnical analysis, that the structure is in danger from shoreline erosion caused by
stream processes or waves. Normal sloughing, erosion of steep bluffs, or shoreline erosion
itself, without a scientific or geotechnical analysis, is not demonstration of need. The
geotechnical analysis shall evaluate on-site drainage issues and address drainage problems
away from the shoreline edge before considering structural shoreline stabilization.
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7. New structural stabilization for new non-water-dependent development, including single-
family residences, is permitted only if it can be demonstrated that:
a. The erosion is not being caused by upland conditions, such as the loss of vegetation and
drainage;
b. Nonstructural measures, such as placing the proposed use or development further from
the shoreline, planting vegetation, or installing on-site drainage improvements, are not
feasible or not sufficient; and
c. The need to protect primary structures from damage due to erosion is demonstrated
through a geotechnical report that states damage was caused by natural processes,
such as stream processes or waves.
8. New structural stabilization for water-dependent development is permitted only if it can
be demonstrated that:
a. The erosion is not being caused by upland conditions, such as the loss of vegetation and
drainage;
b. Nonstructural measures, planting vegetation, or installing on-site drainage
improvements, are not feasible or not sufficient; and
c. The need to protect primary structures from damage due to erosion is demonstrated
through a geotechnical report.
9. New structural stabilization to protect projects for the restoration of ecological functions or
hazardous substance remediation projects is permitted only if it can be demonstrated that
nonstructural measures, planting vegetation, or installing on-site drainage improvements,
are not feasible or not sufficient.
10. An existing shoreline stabilization structure may be replaced with a similar structure if there
is a demonstrated need to protect primary uses or structures or public facilities from erosion
caused by stream undercutting or wave action.
11. Soft shoreline stabilization measures that provide restoration of shoreline ecological
functions may be permitted waterward of the OHWM, provided a geotechnical analysis
documents that alternative solutions are not feasible or do not provide sufficient protection.
12. Replacement walls or bulkheads shall not encroach waterward of the OHWM or existing
structure unless the residence was occupied prior to January 1, 1992, and there are
overriding safety or environmental concerns. In such cases, the replacement structure shall
abut the existing shoreline stabilization structure.
13. All new, expanded, or replacement shoreline stabilization shall be permitted only if it can be
demonstrated that the erosion rate exceeds that which would normally occur in a natural
condition, that the measure does not interfere with fluvial hydrological and geo-
morphological processes normally acting in natural conditions, and that the proposed
measures will not result in a net loss of shoreline ecological functions.
14. For purposes of this Section, "replacement" means the construction of a new structure to
perform a shoreline stabilization function of an existing structure which can no longer
adequately serve its purpose. Additions to or increases in size of existing shoreline
stabilization measures shall be considered new structures.
15. Geotechnical reports that address the need to prevent potential damage to a primary
structure shall address the necessity for shoreline stabilization by estimating time frames
and rates of erosion and report on the urgency associated with the specific situation. Hard
armoring solutions should not be authorized except when a geotechnical report confirms
that there is a significant possibility that the primary structure will be damaged within three
(3) years as a result of shoreline erosion in the absence of hard armoring measures, or
where waiting until the need is that immediate, would foreclose the opportunity to use
measures that avoid impacts on ecological functions. Where the geotechnical report
confirms a need to prevent potential damage to a primary structure, but the need is not as
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immediate as the three (3) years, the report may still be used to justify more immediate
authorization to protect against erosion using soft measures.
16. When structural shoreline stabilization measures are demonstrated to be necessary, the
following provisions shall apply:
a. The size of stabilization measures shall be limited to the minimum necessary. Use
measures designed to assure no net loss of shoreline ecological functions;
b. Soft approaches shall be used unless demonstrated not to be sufficient to protect
primary structures, dwellings, and businesses; and
c. Publicly financed or subsidized shoreline erosion control measures should not restrict
appropriate public access to the shoreline except where such access is not feasible
because of incompatible uses, safety, security, or harm to ecological functions. See KCC
17B.05.040 Public access. Where feasible, incorporate ecological restoration and public
access improvements into the project.
17. Breakwaters, jetties, groins, and weirs shall:
a. Be located waterward of the OHWM and shall be allowed only where necessary to
support water-dependent uses, public access, shoreline stabilization, or other specific
public purposes; and
b. Require a conditional use permit; except for those structures installed to protect or
restore ecological functions.
18. Shoreline stabilization projects shall be designed to protect critical areas and shall avoid and
reduce significant ecological impacts by providing for mitigation according to the sequence
in KCC 17B.05.020(B)(2).
19. Public access shall be required as part of publically-financed shoreline erosion control
measures.
20. Shoreline stabilization projects shall be designed and constructed to avoid or minimize
impacts to sediment transport.
17B.06.160 Shoreline restoration and habitat enhancement.
A. Policies. Pursuant to RCW 36.70A.480, the shoreline restoration and habitat enhancement
policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of
the Kittitas County Comprehensive Plan.
B. Regulations.
In addition to the regulations below, shoreline restoration and habitat enhancement is regulated
though KCC 17B.05.020 Environmental protection and critical areas, KCC 17B.05.050
Shoreline buffers and vegetation conservation, and KCC 17B.05.060 Water quality, stormwater,
and nonpoint pollution.
1. Restoration shall be carried out in accordance with a County or resource agency-approved
restoration plan and in accordance with the policies and regulations of this Program.
2. All shoreline restoration and enhancement projects shall protect the integrity of adjacent
natural resources, including aquatic habitats and water quality, and shall not result in
significant adverse changes to ecological functions, processes or properties.
3. Restoration projects shall be monitored and maintained to ensure they achieve their
intended restoration goals. The project proponent shall assess and document each
restoration project according to the requirements prescribed by the applicable authorizing or
funding agency. The project proponent shall be responsible for implementing corrective
actions as needed to ensure the project’s ecological benefits are sustainable over time.
4. The Administrator shall track and document shoreline restoration efforts and their expected
and actual contribution to shoreline ecological functions on a regular and ongoing basis as
part of demonstrating whether no net loss is being achieved.
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5. The Administrator, at his/her discretion, may waive or reduce review fees for shoreline
enhancement projects that meet either of the following criteria, provided a reciprocal fee
agreement has been approved by the Board of County Commissioners:
a. Sponsored projects: Restoration and enhancement projects sponsored by Kittitas
County, Washington State Department of Fish and Wildlife, Kittitas County Conservation
District, Natural Resources Conservation Service, United States Fish and Wildlife
Service, Washington State Department of Natural Resources, Yakama Nation, Yakima
Basin Fish & Wildlife Recovery Board, Yakima Tributary Access & Habitat Program, or
other public agency approved by the Administrator which are consistent with the County
comprehensive plan or other plans adopted by the Kittitas County Board of
Commissioners.
b. Vegetation planting/removal: Planting of native vegetation or removal of non-native
species for the enhancement of a shoreline buffer or designated critical area; provided
that such activities are limited to the area being enhanced.
17B.06.170 Signs.
A. Policies. Pursuant to RCW 36.70A.480, the signs policies of the 2016 Kittitas County
Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive
Plan.
B. Regulations.
1. Signs may be permitted above the OHWM in any shoreline environment, subject to the
locally adopted signage standards.
17B.06.180 Transportation.
A. Policies. Pursuant to RCW 36.70A.480, the transportation policies of the 2016 Kittitas
County Shoreline Master Program shall be considered as policies of the Kittitas County
Comprehensive Plan.
B. Regulations.
1. Roads and railroads shall not be located within a designated shoreline except where it is
necessary to cross a stream corridor, or where an existing use, development, topography,
and other conditions preclude locations outside the shoreline.
a. Construction of roadways across stream corridors shall be by the most direct route
possible having the least impact to the stream corridor.
b. Roadways that must run parallel to stream or wetland edges shall be along routes
having the greatest possible distance from stream or wetland and the least impact to the
corridor.
c. Roadways within the stream corridor shall not hydrologically obstruct, cut-off, or isolate
stream corridor features.
2. Material excavated from the roadway area to achieve the design grade shall be used as fill
where necessary to maintain grade, or shall be transported outside the shoreline.
3. Necessary fill to elevate new roadways shall not impede the normal flow of floodwaters or
cause displacement that would increase the elevation of flood waters such that it would
cause properties not in the floodplain to be flood-prone.
4. Spoil, construction waste, and other debris shall not be used as road fill or buried within the
shoreline.
5. Bridges and water crossing structures shall not constrict the stream channel or impede the
flow of the ordinary high water, sediment, and woody debris.
6. Natural stream channels and drainage ways shall be preserved through the use of bridges
for crossings, unless the use of culverts is demonstrated to be the only technically feasible
means for crossing. The use of bridges shall be the preferred means to preserve natural
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streams and drainage ways. Where bridges are not feasible, large, natural bottom culverts,
multi-plate pipes and bottomless arches shall be used.
7. The alignment and slope of culverts shall parallel and match the natural flow of streams or
drainage ways, unless doing so conflicts with KCC 17B.06.180(B)(1) and (2) above, and
shall be sized to accommodate the OHWM, sediment, debris and ice.
8. Culverts for stream crossings, if needed, shall be designed according to applicable state and
federal criteria for fish passage as required by law and regulation.
9. At least one end of a wood stringer bridge shall be anchored to prevent it from being
washed away during high water.
10. Roads must be designed and constructed using established flood resistant and design and
construction methods when they may be subject to damage by floodwaters.
11. Parking is not a preferred shoreline use and shall be allowed only as an accessory use to an
authorized primary use when no other feasible alternative exists.
12. Authorized parking areas shall be designed and constructed to minimize the visual impact of
parking facilities from the shoreline and to prevent environmental impacts to the shoreline.
17B.06.190 Utilities.
A. Policies. Pursuant to RCW 36.70A.480, the utilities policies of the 2016 Kittitas County
Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive
Plan.
B. Regulations.
1. Utilities are services and facilities that produce, transmit, carry, store, process, or dispose of
electric power, gas, water, sewage, communications, oil, and the like. The provisions in this
Section apply to primary uses and activities, such as solid waste handling and disposal,
sewage treatment plants, pipelines and outfalls, public high-tension utility lines on public
property or easements, power generating or transfer facilities, and gas distribution lines and
storage facilities that are water-dependent. The provisions in this Section do not apply to
utility facilities accessory to an existing use or accessory to a new use or development
undergoing review by this title.
2. Non-water dependent utilities should be placed outside of shoreline jurisdiction unless no
other feasible option exists.
3. All utility facilities shall be designed and located to assure no net loss of shoreline ecological
functions, preserve the natural landscape, and minimize conflicts with present and planned
land and shoreline uses while meeting the needs of future populations in areas planned to
accommodate growth. The Administrator may require the relocation or redesign of
proposed utility development in order to ensure no net loss of ecological function.
4. Utility production and processing facilities, such as power plants and sewage or stormwater
treatment facilities, or parts of those facilities that are non-water-oriented shall not be
allowed in shoreline areas unless it can be demonstrated that no other feasible option is
available. In such cases, significant ecological impacts shall be avoided.
5. Transmission facilities for the conveyance of services, such as power lines, cables, and
pipelines, shall be located outside of the shoreline area where feasible and when
necessarily located within the shoreline area shall assure no net loss of shoreline ecological
functions. Utilities should be located in existing rights-of-way and corridors whenever
feasible.
6. Development of pipelines and cables on shorelines, particularly those running roughly
parallel to the shoreline, and development of facilities that may require periodic maintenance
or that cause significant ecological impacts shall not be allowed unless no other feasible
option exists. When permitted, those facilities shall include adequate provisions to protect
against significant ecological impacts.
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7. Restoration of ecological functions shall be a condition of new and expanded non-water-
dependent utility facilities. The Administrator or designee will consult the provisions of this
title and determine the applicability and extent of ecological restoration required. The extent
of ecological restoration shall be that which is reasonable given the specific circumstances
of utility development.
8. New solid waste disposal sites and facilities are prohibited. Existing solid waste disposal and
transfer facilities in shoreline jurisdiction shall not be added to or substantially reconstructed.
9. New electricity, communications and fuel lines shall be located underground, except where
the presence of bedrock or other obstructions make such placement infeasible or if it is
demonstrated that above-ground lines would have a lesser impact. Existing aboveground
lines shall be moved underground during normal replacement processes.
10. Transmission and distribution facilities shall cross areas of shoreline jurisdiction by a route
that has the least ecological impact to the shoreline.
11. Utility developments shall be located and designated so as to avoid or minimize the use of
any structural or artificial shoreline stabilization or flood protection works.
12. Utility production and processing facilities shall be located outside shoreline jurisdiction
unless no other feasible option exists. Where major facilities must be placed in a shoreline
area, the location and design shall be chosen so as not to destroy or obstruct scenic views,
and shall meet no-net-loss standards.
13. All underwater pipelines transporting liquids intrinsically harmful to aquatic life or potentially
injurious to water quality are prohibited, unless no other feasible alternative exists. In those
limited instances when permitted by conditional use, automatic shut-off valves shall be
provided on both sides of the water body.
14. Filling in shoreline jurisdiction for development of utility facility or line purposes is prohibited.
Permitted crossings shall utilize pier or open pile techniques.
15. Power-generating facilities shall require a conditional use permit.
16. Clearing of vegetation for the installation or maintenance of utilities shall be kept to a
minimum and upon project completion any disturbed areas shall be restored to their pre-
project condition.
17. Telecommunication towers, such as radio and cell phone towers, are specifically prohibited
in shoreline jurisdiction.
18. Utilities that need water crossings shall be placed deep enough to avoid the need for bank
stabilization and stream/riverbed filling both during construction and in the future due to
flooding and bank erosion that may occur over time. Boring, rather than open trenching, is
the preferred method of utility water crossing.
19. Water systems for irrigation or domestic supply are permitted uses if allowable under
Washington State water laws and regulations.
17B.06.200 Shoreline bulk and dimensional standards.
A. Policies. Pursuant to RCW 36.70A.480, the shoreline bulk and dimensional standards
policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of
the Kittitas County Comprehensive Plan.
B. Regulations.
1. The Table at KCC 17B.06.200-1 establishes the minimum dimensional requirements for
shoreline use development. Dimensional standards are measured on the horizontal plane,
as applicable. Dimensional standards relating to critical areas are governed by the
provisions of KCC 17B.05.020 Environmental protection and critical areas.
2. Bulk and dimensional standards shall be coordinated with KCC Title 17, Zoning and other
Kittitas County development standards to protect the natural character of the shoreline and
ensure no net loss of shoreline ecological functions and processes consistent with the
purpose of the environment designation. In the event the provisions of this Program conflict
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with provisions of federal, state or Kittitas County regulations, the provision that is more
protective of shoreline resources shall prevail, when consistent with SMA policy.
3. No new structures within the shoreline shall exceed a height of thirty-five (35) feet above
average grade level, except as provided herein.
4. Proposals for new or expanded commercial, multi-family or mixed use structures exceeding
the thirty-five (35) foot building height limitation shall only be allowed with a Shoreline
Variance where the Administrator finds the following standards are met:
a. The proposed building shall not obstruct the view of the water for a substantial number
of residential buildings located with a view of the adjoining shoreline.
b. The applicant shall provide a view analysis identifying the properties and structures
located within the view corridor for that shoreline demonstrating the level of obstruction
represented by the proposed structure for each affected property.
c. The view corridor shall include residential buildings located outside of the shoreline area
if it can be clearly demonstrated that the property has significant water views.
d. To insure that the analysis is cumulative in nature, it shall include vacant existing parcels
of record as well as existing structures. Vacant parcels of record shall be assumed to be
developed with structures complying with the thirty-five (35) foot height limitation.
e. The proposed structure shall not obstruct more than thirty percent (30%) of the view of
the shoreline enjoyed by the structures within the view corridor.
f. The structure shall be located and oriented on the subject property in a manner that
diminishes the potential view impact.
g. No side yard setbacks shall be reduced to accommodate the proposed structure. Side
yard setbacks may be increased where necessary to mitigate potential view obstruction
resulting from the proposed structure.
h. Extraordinary circumstances are demonstrated and the public interest will be served by
the proposed use or development.
5. Where permitted above ground, power poles and transmission towers are not subject to
height limits but shall not be higher than necessary to address public safety and meet
federal and state standards.
6. The following types of development are not subject to side yard setbacks, provided that they
are constructed and maintained in a manner that minimizes adverse impacts on shoreline
functions and processes, and provided further that they comply with all applicable
regulations in KCC 17B.05.020 Environmental protection and critical areas and KCC
17B.05.050 Shoreline buffers and vegetation conservation:
a. Those portions of approved water-dependent development that require a location
waterward of the OHWM of rivers and lakes, associated wetlands and/or within their
associated buffers.
b. Underground utilities.
c. Modifications to existing development that are necessary to comply with environmental
requirements of any agency, when otherwise consistent with this Program, provided that
the Administrator determines that the facility cannot meet the dimensional standard and
accomplish the purpose for which it is intended and the facility is located, designed, and
constructed to meet specified dimensional standards to the maximum extent feasible,
and the modification is in conformance with the provisions of KCC 17B.07.020(3) Prior
development and KCC 17B.07.020(4) Non-conformance.
d. Roads, railways and other essential public facilities that must cross shorelines and are
necessary to access approved water-dependent development.
e. Stairs and walkways not greater than five (5) feet in width or eighteen (18) inches in
height above grade, except for railings.
f. An essential public facility or public utility where the Administrator determines that no
feasible alternative location will accommodate the use.
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g. Shared moorages shall not be subject to side yard setbacks when located on or adjacent
to a property line shared in common by the project proponents.
7. Common line shoreline buffer: To ensure new single-family dwellings have similar, though
not necessarily equivalent, shoreline views as existing development, a common line
shoreline buffer – determined by averaging the buffers for each of the adjacent residential
dwelling units on the shoreline – may be utilized for the development of a single-family
dwelling where:
a. The lot was a legal lot of record in place on the date of adoption of this Program;
b. The lot is located adjacent to existing residential dwelling units on both adjacent
shoreline lots;
c. The lot is located within an urban growth area, planned unit development, Limited Area
of More Intense Rural Development (LAMIRD), rural recreation zoning district, or cluster
development;
d. There is less than fifteen (15) feet of elevation difference between the vacant lot and
adjacent lots and less than two hundred fifty (250) cubic yards of grade or fill is required
to accommodate use of the common line shoreline buffer; and
e. A management and mitigation plan prepared by a qualified professional shall be
submitted and approved which demonstrates no net loss of ecological functions for the
site in conformance with KCC 17B.05.020 Environmental protection and critical areas
and KCC 17B.05.050 Shoreline buffers and vegetation conservation.
8. Shoreline buffers shall comply with 17B.05.020 Environmental protection and critical areas
and KCC 17B.05.050 Shoreline buffers and vegetation conservation.
9. Standards which apply to impervious surface area and water quality review are found in
KCC 17B.05.060, Water quality, stormwater and nonpoint pollution.
10. Density for subdivisions, short plats, and multi-family and duplex development shall be
calculated based on the total area of the parent parcel including those areas located outside
of shoreline jurisdiction. Submerged lands within the boundaries of any waterfront parcel
that are located waterward of the OHWM shall not be used in density calculations. The
density of that portion of the parent parcel located outside of the shoreline jurisdiction shall
be limited to the density permitted by the underlying zoning district.
11. Lot frontage: Lot frontage standards are provided in the Table at KCC 17B.06.200-1. Lot
frontage standards of underlying zoning districts and/or development standards of each
jurisdiction may be more restrictive. The most restrictive lot frontage standard shall apply.
Lot frontage refers to the minimum lot frontage for any division or exempt parcel transfer, or
parcel boundary modification permitted by a local jurisdiction on the shoreline. Lot frontage
shall be measured at right angles along a horizontal distance, between the side lot lines, at
the most landward point of the OHWM. Lot frontage requirements are measured in feet.
12. Reduced setbacks: the building setbacks listed in the Table at KCC 17B.06.200-1 may be
reduced by twenty-five (25) percent where the applicant demonstrates that:
a. Compliance with the standard setback significantly interferes with development potential
due to the unique size, shape or natural features of the lot;
b. The design of the project is compatible with other authorized and planned uses within
the area; and
c. The project will not cause adverse impacts to the shoreline environment.
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17B.06.200-1 Shoreline Bulk and Dimensional Standards Table
Shoreline Bulk and Dimensional Standards
Shoreline Bulk and Dimensional Standards(1)
Urban Conservancy Shoreline Residential Rural Conservancy Natural Aquatic Shoreline Buffer(2) 100’ 100’ 100’ 150’ N/A
Building Setback
(measured from edge of shoreline buffer)
(3)
15’ 15’ 15’ 15’ N/A
Height 35’ 35’ 35’ 35’ N/A
Maximum Impervious Surface Coverage N/A N/A 10% N/A N/A
Lot Frontage 60’ 60’ 300’ 300’ N/A
Other (density, etc.) Governed by underlying zone
Notes to Shoreline Bulk and Dimensional Standards Table:
1. Where the standards of this table conflict with the standards of the underlying zone, the standard that
is most protective of shoreline ecological function shall apply.
2. Unless common line shoreline buffer provisions of KCC 17B.06.200(B)(7) are met.
3. Unless reduced setback provisions of KCC 17B.06.200(B)(12) are met.
Chapter 17B.07
ADMINISTRATION AND PROCEDURES
Sections
17B.07.010 Purpose.
17B.07.020 Applicability.
17B.07.030 Permit Exemptions.
17B.07.040 Types of permits.
17B.07.050 Review authority.
17B.07.060 Review criteria.
17B.07.070 Review procedures.
17B.07.080 Appeals.
17B.07.090 Timing.
17B.07.100 Revisions.
17B.07.110 Liberal construction.
17B.07.120 Enforcement.
17B.07.130 Amendments to SMP.
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17B.07.010 Purpose.
The purpose of this Shoreline Management Program is to provide for the administration and
management of uses and development within the shoreline jurisdiction in a manner consistent
with RCW 90.58, the Shoreline Management Act, and other rules and guidelines adopted by the
Washington State Department of Ecology.
17B.07.020 Applicability.
1. Generally. Except when specifically exempted by statute, all proposed uses and
development occurring within shoreline jurisdiction must conform to RCW Chapter 90.58,
the Shoreline Management Act, and this master program. No substantial development shall
be undertaken on shorelines of the state without first obtaining a permit. See also KCC
17B.01.070 Applicability.
2. Agricultural activities on agricultural lands. Nothing in this title shall require modification of or
limit agricultural activities occurring on agricultural lands. However, new agricultural
activities on land not meeting the definition of agricultural land, conversion of agricultural
lands to other uses, and development not meeting the definition of agricultural activities are
subject to the provisions of this title.
3. Prior development. The provisions of WAC 173-27-070 shall apply to substantial
development undertaken prior to the effective date of the Act.
4. Nonconformance.
a. Applicability.
i. The following provisions apply to lots, structures and uses lawfully established prior
to the effective date of this master program, or amendments thereto, which do not
conform to the current regulations or standards of this program.
ii. The following provisions do not apply to lots, structures or uses that were
unlawfully established.
b. Nonconforming lots.
i. An undeveloped lot, tract, parcel, site, or division of land located landward of the
ordinary high water mark which was established in accordance with local and state
subdivision requirements prior to the effective date of this master program but
which does not conform to the present lot size standards may be developed as
permitted by the land use regulations of the local government so long as such
development conforms to all other requirements of the applicable master program
and the Act.
c. Nonconforming structures.
i. Nonconforming structures may be maintained, repaired, renovated, and
remodeled, provided such activity does not enlarge or expand the structure.
ii. Nonconforming structures may be enlarged or expanded provided that said
enlargement does not increase the extent of nonconformity by further
encroaching upon or extending into areas where construction would not be
allowed for new development.
iii. Enlarging or expanding a nonconforming non-residential structure in a manner
that increases the extent of nonconformity requires a variance.
iv. Enlarging or expanding nonconforming residential structures used for a
conforming use in a manner that increases the extent of nonconformity may be
allowed if the change is consistent with the provisions of this Program and
demonstrates no net loss of shoreline ecological functions.
v. Nonconforming single-family residences may increase their height within the
existing structural footprint up to maximum of thirty-five (35) feet without requiring
a variance.
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vi. A nonconforming structure which is moved any distance must be brought into
conformance with this Program and the Act.
vii. Damaged nonconforming structures outside frequently flooded areas may be
reconstructed to those configurations existing immediately prior to the time the
development was damaged. Reconstruction of nonconforming development
located in frequently flooded areas shall comply with reconstruction regulations
contained within the Kittitas County Flood Prevention Ordinance (KCC Chapter
14.08– December 2014).
d. Nonconforming uses.
i. Nonconforming uses may be continued consistent with their lawfully established
scale and range of uses.
ii. A structure which is being or has been used for a nonconforming use may be used
for a different nonconforming use only upon the approval of a conditional use
permit. In addition to the conditional use permit criteria of KCC 17B.07.060(3), a
conditional use permit for a change in a nonconforming use may be approved only
upon a finding that:
(a) No reasonable alternative conforming use is practical because of the
configuration of the structure and/or the property;
(b) The proposed use will be at least as consistent with the policies and
provisions of the Act and this Program and as compatible with the uses in
the area as the pre-existing use;
(c) The use or activity is enlarged, intensified, increased or altered only to the
minimum amount necessary to achieve the intended functional purpose;
(d) The structure(s) associated with the nonconforming use shall not be
expanded in a manner that increases the extent of the non-conformity,
including encroachment into areas such as setbacks, and any critical areas
and/or associated buffers where new structures, use, or development would
not be allowed;
(e) The shoreline buffer and vegetation conservation standards of this Program
are met (see KCC 17B.05.050);
(f) The change in use, remodel, or expansion will not create adverse impacts
to shoreline ecological functions and/or processes;
(g) Uses which are specifically prohibited or which would thwart the intent of
the Act or this Program shall not be authorized; and
(h) Conditions necessary to assure that the use will not become a nuisance or
a hazard have been attached to the permit.
e. Redevelopment of nonconforming rights-of-way and associated transportation
structures, such as railroad trestles, may be permitted for purposes of facilitating the
development of public trails and/or public shoreline access; provided, that such
redevelopment shall be otherwise consistent with the provisions of this Program,
including, but not limited to, the provisions for public access and no net loss of shoreline
ecological functions and processes, except as provided for in KCC 17B.07.030 of this
chapter.
f. If a nonagricultural nonconforming use is discontinued for twelve (12) consecutive
months or for twelve (12) months during any two-(2)-year period, the nonconforming
rights shall expire and any subsequent use shall be conforming.
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17B.07.030 Permit Exemptions.
1. General provisions.
a. Only those uses and developments that meet the precise terms of one (1) or more of the
listed exemptions may be granted exemption from the substantial development permit
process.
b. An exemption from the substantial development permit process is not an exemption from
compliance with the Act or Master Program or from any other regulatory requirements.
c. The burden of proof that a development or use is exempt from the permit process is on
the applicant.
d. If any part of a proposed use or development is not eligible for exemption, then a
substantial development permit is required for the entire proposal.
e. Conditions may be attached to the approval of exempted uses or developments as
necessary to assure consistency of the project with the Act and the Master Program.
2. Developments exempt from shoreline substantial development permitting process.
Subject to the general provisions above, exempt activities include those set forth in WAC
173-27-040(2) and RCW 90.58.030, as amended:
a. Any use or development of which the total cost or fair market value, whichever is higher,
does not exceed six thousand four hundred sixteen dollars ($6,416), if such use or
development does not materially interfere with the normal public use of the water or
shorelines of the state. The dollar threshold established in this subsection will be
adjusted for inflation by the office of financial management every five (5) years,
according to WAC 173-27-040(2)(a). For purposes of determining whether or not a
permit is required, the total cost or fair market value shall be based on the value of
development that is occurring on shorelines of the state as defined in RCW 90.58.030
(2)(c). The total cost or fair market value of the development shall include the fair market
value of any donated, contributed or found labor, equipment or materials.
b. Normal maintenance or repair of existing structures or developments, including damage
by accident, fire or elements. "Normal maintenance" includes those usual acts to
prevent a decline, lapse, or cessation from a lawfully established condition. "Normal
repair" means to restore a development to a state comparable to its original condition
including, but not limited to, its size, shape, configuration, location and external
appearance, within a reasonable period after decay or partial destruction, except where
repair causes substantial adverse effects to shoreline resource or environment.
Replacement of a structure or development may be authorized as repair where such
replacement is the common method of repair for the type of structure or development
and the replacement structure or development is comparable to the original structure or
development including, but not limited to, its size, shape, configuration, location and
external appearance and the replacement does not cause substantial adverse effects to
shoreline resources or environment.
c. Construction of the normal protective bulkhead common to single-family residences. A
"normal protective" bulkhead includes those structural and nonstructural developments
installed at or near, and parallel to, the OHWM for the sole purpose of protecting an
existing single-family residence and appurtenant structures from loss or damage by
erosion. A normal protective bulkhead is not exempt if constructed for the purpose of
creating dry land. When a vertical or near vertical wall is being constructed or
reconstructed, not more than one (1) cubic yard of fill per one (1) foot of wall may be
used as backfill. When an existing bulkhead is being repaired by construction of a
vertical wall fronting the existing wall, it shall be constructed no further waterward of the
existing bulkhead than is necessary for construction of new footings. When a bulkhead
has deteriorated such that an OHWM has been established by the presence and action
of water landward of the bulkhead, then the replacement bulkhead must be located at or
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near the actual OHWM. Bioengineered erosion control projects may be considered a
normal protective bulkhead when any structural elements are consistent with the above
requirements and when the project has been approved by the Washington State
Department of Fish and Wildlife.
d. Emergency construction necessary to protect property from damage by the elements. An
"emergency" is an unanticipated and imminent threat to public health, safety, or the
environment which requires immediate action within a time too short to allow full
compliance with this chapter. Emergency construction does not include development of
new permanent protective structures where none previously existed. Where new
protective structures are deemed by the Administrator to be the appropriate means to
address the emergency situation, upon abatement of the emergency situation the new
structure shall be removed or any permit which would have been required, absent the
emergency, obtained, pursuant to RCW Chapter 90.58 and this Master Program. All
emergency construction shall be consistent with the policies of RCW Chapter 90.58 and
this Master Program. As a general matter, flooding or other seasonal events that can be
anticipated and may occur but that are not imminent are not an emergency.
e. Construction and practices normal or necessary for farming, irrigation, and ranching
activities, including agricultural service roads and utilities on shorelands, construction of
a barn or similar agricultural structure, and the construction and maintenance of irrigation
structures including, but not limited to, head gates, pumping facilities, and irrigation
channels. Provided that a feedlot of any size; all processing plants; other activities of a
commercial nature; alteration of the contour of the shorelands by leveling or filling other
than that which results from normal cultivation; shall not be considered normal or
necessary farming or ranching activities. A feedlot shall be an enclosure or facility used
or capable of being used for feeding livestock hay, grain, silage, or other livestock feed,
but shall not include land for growing crops or vegetation for livestock feeding and/or
grazing, nor shall it include normal livestock wintering operations. See definition of
“feedlot” at KCC 17B.02.235.
f. Construction or modification of navigational aids such as channel markers and anchor
buoys.
g. Construction on shorelands by an owner, lessee or contract purchaser of a single-family
residence for their own use or for the use of their family, which residence does not
exceed a height of thirty-five (35) feet above average grade level and which meets all
requirements of the County, other than requirements imposed pursuant to RCW Chapter
90.58. "Single-family residence" means a detached dwelling designed for and occupied
by one (1) family including those structures and developments within a contiguous
ownership which are a normal appurtenance. An "appurtenance" is necessarily
connected to the use and enjoyment of a single-family residence and is located
landward of the OHWM and the perimeter of a wetland. Normal appurtenances include a
garage, deck, driveway, utilities, fences, installation of a septic tank and drainfield, and
grading which does not exceed two hundred fifty (250) cubic yards and which does not
involve placement of fill in any wetland or waterward of the OHWM. Construction
authorized under this exemption shall be located landward of the OHWM.
h. Construction of a dock, including a community dock, designed for pleasure craft only for
the private non-commercial use of the owner, lessee, or contract purchaser of single-
family and multi-family residences. A dock is a landing and moorage facility for
watercraft and does not include recreational decks, storage facilities or other
appurtenances. This exception applies if the fair market value of the dock does not
exceed ten thousand dollars ($10,000); but if subsequent construction having a fair
market value exceeding two thousand five hundred dollars ($2,500) occurs within five (5)
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years of completion of the prior construction, the subsequent construction shall be
considered a substantial development for the purpose of this chapter.
i. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or
other facilities that now exist or are hereafter created or developed as a part of an
irrigation system for the primary purpose of making use of system waters including
return flow and artificially stored groundwater from the irrigation of lands.
j. The marking of property lines or corners on state-owned lands, when such marking does
not significantly interfere with normal public use of the surface of the water.
k. Operation and maintenance of any system of dikes, ditches, drains, or other facilities
existing on September 8, 1975, which were created, developed, or utilized primarily as a
part of an agricultural drainage or diking system.
l. Any project with a certification from the governor pursuant to RCW Chapter 80.50.
m. Site exploration and investigation activities that are prerequisite to preparation of an
application for development authorization under WAC 173-27-040(2), when all of the
following conditions are met:
i. The activity does not interfere with the normal public use of the surface waters;
ii. The activity will have no significant adverse impact on the environment including, but
not limited to, fish; wildlife; fish or wildlife habitat; water quality; and aesthetic values;
iii. The activity does not involve the installation of any structure, and upon completion of
the activity, the vegetation and land configuration of the site are restored to
conditions existing before the activity; and
iv. A private entity seeking development authorization under this Section first posts a
performance bond or provides other evidence of financial responsibility to the local
jurisdiction to ensure that the site is restored to preexisting conditions.
n. The process of removing or controlling aquatic noxious weeds, as defined in RCW
17.26.020, through the use of an herbicide or other treatment methods applicable to
weed control that are recommended by a final environmental impact statement
published by the Washington State Department of Agriculture or the Washington State
Department of Ecology jointly with other state agencies under RCW Chapter 43.21C;
recommended under RCW Chapter 43.21C.
o. Watershed restoration projects as defined herein. The County shall review the projects
for consistency with the Shoreline Master Program in an expeditious manner and shall
issue its decision along with any conditions within forty-five (45) days of receiving all
materials necessary to review the request for exemption from the applicant. No fee may
be charged for accepting and processing requests for exemption for watershed
restoration projects as used in this Section.
i. "Watershed restoration project" means a public or private project authorized by the
sponsor of a watershed restoration plan that implements the plan or a part of the
plan and consists of one or more of the following activities:
(a) A project that involves less than ten (10) miles of stream reach, in which less
than twenty-five (25) cubic yards of sand, gravel, or soil is removed, imported,
disturbed or discharged, and in which no existing vegetation is removed except
as minimally necessary to facilitate additional plantings;
(b) A project for the restoration of an eroded or unstable stream bank that employs
the principles of bioengineering, including limited use of rock as a stabilization
only at the toe of the bank, and with primary emphasis on using native vegetation
to control the erosive forces of flowing water; or
(c) A project primarily designed to improve fish and wildlife habitat, remove or
reduce impediments to migration of fish, or enhance the fishery resource
available for use by all of the citizens of the state; provided that any structure,
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other than a bridge or culvert or instream habitat enhancement structure
associated with the project, is less than two hundred (200) square feet in floor
area and is located above the OHWM of the stream.
ii. "Watershed restoration plan" means a plan, developed or sponsored by the
Washington State Departments of Fish and Wildlife, Ecology, Natural Resources,
and Transportation (WSDOT); a federally recognized Indian tribe acting within and
pursuant to its authority; a city; a county; or a conservation district that provides a
general program and implementation measures or actions for the preservation,
restoration, re-creation, or enhancement of the natural resources, character, and
ecology of a stream, stream segment, drainage area, or watershed for which agency
and public review has been conducted pursuant to RCW Chapter 43.21C, the state
Environmental Policy Act.
p. A public or private project that is designed to improve fish or wildlife habitat or fish
passage, when all of the following apply:
i. The project has been approved in writing by the Washington State Department of
Fish and Wildlife;
ii. The project has received hydraulic project approval by the Washington State
Department of Fish and Wildlife pursuant to RCW Chapter 77.55; and
iii. The County determines that the project is substantially consistent with the Shoreline
Master Program. The County shall make such determination in a timely manner and
provide it by letter to the project proponent.
iv. Fish habitat enhancement projects that conform to the provisions of RCW 77.55.181
are determined to be consistent with local shoreline Master Programs, as follows:
(a) In order to receive the permit review and approval process created in this
Section, a fish habitat enhancement project must meet the criteria under
p.iv(a)(1) and (2) in this subsection:
(1) A fish habitat enhancement project must be a project to accomplish one or
more of the following tasks:
(i) Elimination of human-made fish passage barriers, including culvert
repair and replacement;
(ii) Restoration of an eroded or unstable stream bank employing the
principle of bioengineering, including limited use of rock as a
stabilization only at the toe of the bank, and with primary emphasis on
using native vegetation to control the erosive forces of flowing water; or
(iii) Placement of woody debris or other instream structures that benefit
naturally reproducing fish stocks.
The Washington State Department of Fish and Wildlife shall develop
size or scale threshold tests to determine if projects accomplishing any
of these tasks should be evaluated under the process created in this
Section or under other project review and approval processes. A project
proposal shall not be reviewed under the process created in this Section
if the Washington State Department of Ecology determines that the
scale of the project raises concerns regarding public health and safety;
and
(2) A fish habitat enhancement project must be approved in one of the following
ways:
(i) By the Washington State Department of Fish and Wildlife pursuant to
RCW Chapter 77.95 or 77.100;
(ii) By the sponsor of a watershed restoration plan as provided in RCW
Chapter 89.08;
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(iii) By the Washington State Department of Ecology as a WDFW -
sponsored fish habitat enhancement or restoration project;
(iv) Through the review and approval process for the Jobs for the
Environment Program;
(v) Through the review and approval process for conservation district-
sponsored projects, where the project complies with design standards
established by the Conservation Commission through interagency
agreement with the U. S. Fish and Wildlife Service and the Natural
Resource Conservation Service;
(vi) Through a formal grant program established by the Legislature or the
Washington State Department of Fish and Wildlife for fish habitat
enhancement or restoration; and
(vii) Through other formal review and approval processes established by the
Legislature.
(b) Fish habitat enhancement projects meeting the criteria of p.iv(a) of this
subsection are expected to result in beneficial impacts to the environment.
Decisions pertaining to fish habitat enhancement projects meeting the criteria of
p.iv(a) of this subsection and being reviewed and approved according to the
provisions of this Section are not subject to the requirements of RCW
43.21C.030 (2)(c).
(c) A hydraulic project approval (HPA) permit is required for projects that meet the
criteria of p.iv(a) of this subsection and are being reviewed and approved under
this Section. An applicant shall use a joint aquatic resource permit (JARPA)
application form developed by the Office of Regulatory Assistance to apply for
approval under this chapter. On the same day, the applicant shall provide copies
of the completed application form to the Washington State Department of Fish
and Wildlife and to each appropriate local government agency. Local
governments shall accept the application as notice of the proposed project. The
Washington State Department of Fish and Wildlife shall provide a fifteen-(15)-day
comment period during which it will receive comments regarding environmental
impacts. Within forty-five (45) days, the Washington State Department of Ecology
shall either issue a permit, with or without conditions, deny approval, or make a
determination that the review and approval process created by this Section is not
appropriate for the proposed project. Ecology shall base this determination on
identification during the comment period of adverse impacts that cannot be
mitigated by the conditioning of a permit. If Ecology determines that the review
and approval process created by this Section is not appropriate for the proposed
project, Ecology shall notify the applicant and the appropriate local governments
of its determination. The applicant may reapply for approval of the project under
other review and approval processes. Any person aggrieved by the approval,
denial, conditioning, or modification of a permit under this Section may formally
appeal the decision to the Hydraulic Appeals Board pursuant to the provisions of
this chapter.
(d) The County may not require permits or charge fees for fish habitat enhancement
projects that meet the criteria of p.iv(a) of this subsection and that are reviewed
and approved according to the provisions of this Section.
3. Letter of exemption.
a. General. A letter of exemption is required for all requests for exemption from a shoreline
substantial development permit to ensure the proposal complies with the regulations of
this SMP, except for emergency development pursuant to WAC 173-27-040(2)(d) and
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those uses and developments specifically allowed without a letter of exemption in KCC
17B.05.050(B).
b. Application. Any person claiming exemption from the substantial development permit
requirements shall submit an application for such an exemption in the manner
prescribed by the Shoreline Administrator. Applications shall include, at a minimum: a
summary of the proposed development project; identification of the specific exemption
provisions from WAC 173-27-040 that applies to the proposal; and a description of how
the proposal will comply with the applicable policies and regulations of this Shoreline
Master Program.
c. Letter of exemption. Kittitas County shall prepare a letter of exemption, addressed to the
applicant and the Washington State Department of Ecology, whenever a proposal is
determined to be exempt from the substantial development permit requirements. The
letter of exemption must indicate the specific exemption provision from WAC 173-27-040
that is applicable to the proposal and provide a summary of the consistency of the
proposal with the regulations of this title.
d. Watershed restoration projects. This Section applies to a letter of exemption for a
watershed restoration project pursuant to WAC 173-27-040 or subject to one or more of
the following federal permits: U.S. Army Corps of Engineers Section 10 permit under the
Rivers and Harbors Act of 1899 (generally applicable to any project occurring on or over
navigable waters); or Section 404 permit under the Federal Water Pollution Control Act
of 1972 (generally applicable to any project which may involve discharge of dredge or fill
material to any water or wetland area).
i. The letter of exemption must indicate the specific exemption provision from WAC
173-27-040 that is applicable to the proposal and provide a summary of the
consistency of the proposal with the regulations of this SMP.
ii. Watershed restorations projects must be reviewed in an expeditious manner and
an exemption decision, together with any conditions, must be issued within forty-
five (45) days of receiving all materials necessary to review the request for
exemption. No fee may be charged for accepting and processing requests for
exemption for watershed restoration projects as used in this Section.
4. Programmatic statements of exemption.
a. Applicability. Programmatic statements of exemption may be issued for activities
exempt under the provisions of KCC 17B.07.030(2) above that:
i. Are repetitive and part of a maintenance program or other similar program;
ii. Have the same or similar identifiable impacts each time the activity is repeated at
all sites covered by the programmatic statement of exemption; and
iii. Are suitable to having standard conditions that will apply to any and all sites.
b. Conditions. A programmatic statement of exemption shall not be issued until
appropriate conditions, if needed, are developed and approved. Conditions shall apply
uniformly to each activity authorized and all locations covered by the programmatic
statement of exemption. Conditions may include specifications for the frequency,
method and contents of periodic status reports.
c. Revisions. The programmatic statement of exemption may be modified or withdrawn if
the Shoreline Administrator determines that:
i. The programmatic statement of exemption or activities authorized under the
statement of exemption no longer comply with law;
ii. The programmatic statement of exemption does not provide adequate regulation of
the activity;
iii. The conditions or the manner in which the conditions are implemented are not
adequate to protect against the impacts resulting from the activity.
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d. Expiration. Programmatic exemptions shall expire five (5) years after the date of
issuance if a shorter expiration period is not specified in the exemption approval.
17B.07.040 Types of permits.
1. Substantial development permits: All substantial development undertaken on shorelines of
the state requires a permit to ensure consistency with the policies of RCW 90.58.020 and
the Master Program.
2. Variances: The purpose of a variance permit is strictly limited to granting relief from specific
bulk, dimensional or performance standards set forth in the applicable Master Program
where there are extraordinary circumstances relating to the physical character or
configuration of property such that the strict implementation of the Master Program will
impose unnecessary hardships on the applicant or thwart the policies set forth in RCW
90.58.020. When a use or development is proposed that does not comply with the bulk,
dimensional and performance standards of the Master Program, such use or development
can only be authorized by approval of a variance.
3. Conditional uses: The purpose of a conditional use permit is to provide a system within the
Master Program which allows flexibility in the application of use regulations in a manner
consistent with the policies of RCW 90.58.020. Uses which are classified or set forth in the
applicable Master Program as conditional uses may be authorized with a conditional use
permit. Other uses which are not classified or set forth in the applicable Master Program
may be authorized as conditional uses provided the applicant can demonstrate consistency
with the requirements of this Section and the requirements for conditional uses contained in
the Master Program. Uses which are specifically prohibited by the Master Program may not
be authorized as conditional uses.
17B.07.050 Review authority.
1. Administrator: The Administrator or his/her designee shall have the authority to review and
approve, deny, or approve with conditions, applications for the following:
a. Letters of exemption;
b. Shoreline substantial development permits;
c. Revisions to substantial development permits; and
d. Requests for timing extensions.
2. Hearing Examiner: The Hearing Examiner or his/her designee shall have the authority to
review and make initial local County approval, denial, or approval with conditions for the
following:
a. Shoreline conditional use permits; and
b. Shoreline variances.
3. Board of County Commissioners: The Board of County Commissioners or their designee
shall have the authority to:
a. Review and approve, deny, or approve with conditions, applications for shoreline
substantial development permits that are included in consolidated permit applications
that are subject to Board review and action.
b. Review and make initial local County approval, denial, or approval with conditions for
shoreline conditional use permits and shoreline variances that are in consolidated permit
applications that are subject to Board review and action.
c. Acquire lands and easements within shorelines of the state by purchase, lease, or gift,
either alone or in concert with other governmental entities, when necessary to achieve
implementation of the Master Program;
d. Accept grants, contributions, and appropriations from any agency, public or private, or
individual for the purposes of the Master Program;
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e. Appoint advisory committees to assist in carrying out the purposes of the Master
Program;
f. Contract for professional or technical services required by the Master Program which
cannot be performed by its employees;
g. Adopt moratoria or other interim official controls necessary to implement SMP, in
accordance with RCW 90.58.590 as amended; and
h. Take other actions as deemed appropriate.
4. Washington State Department of Ecology: The Washington State Department of Ecology
shall be responsible for the final approval, denial, or approval with conditions for the
following:
a. Shoreline conditional use permits and revisions to same; and
b. Shoreline variances and revisions to same.
17B.07.060 Review criteria.
1. All development permits. As provided in KCC 17B.06.020, no permit shall be issued for any
new or expanded building or structure of more than thirty-five (35) feet above average grade
level on shorelines of the state that will obstruct the view of a substantial number of
residences on areas adjoining such shorelines unless overriding considerations of the public
interest will be served.
2. Substantial development permits. A substantial development permit shall be granted only
when the applicant demonstrates all of the following:
a. That the proposal is consistent with the policies and procedures in RCW Chapter 90.58
and WAC Chapter 173-27;
b. That the proposal is consistent with the policies and procedures of the Master Program;
and
c. That the proposal has been appropriately conditioned where necessary to assure
consistency of the project with the Act and the local Master Program.
3. Conditional use permits. Uses which are classified are set forth in the Table at KCC
17B.40.090-1 as conditional uses, or unclassified uses not specifically prohibited, may be
authorized as a conditional use provided that the applicant demonstrates all of the following:
a. That the proposed use is consistent with the policies of RCW 90.58.020 and the Master
Program;
b. That the proposed use will not interfere with the normal public use of public shorelines;
c. That the proposed use of the site and design of the project is compatible with other
authorized uses within the area and with uses planned for the area under the
comprehensive plan and SMP;
d. That the proposed use will cause no significant adverse effects to the shoreline
environment in which it is to be located;
e. That the public interest suffers no substantial detrimental effect;
f. That if conditional use permits were granted for other developments in the area where
similar circumstances exist, the cumulative impact of such uses would remain consistent
with the policies of RCW 90.58.020 and not produce substantial adverse effects to the
shoreline environment.
g. That the proposed use has been appropriately conditioned to prevent undesirable effects
of the proposed use and to assure consistency of the project with the Act and the local
Master Program.
h. When converting from one nonconforming use to a different nonconforming use, the
applicant must demonstrate that no reasonable alternative conforming use is practical
and that the proposed use will be at least as consistent with the policies and provisions
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of the Act and the Master Program and as compatible with the uses in the area as the
pre-existing use.
4. Variance.
a. General provisions. Variance permits should be granted in circumstances where denial
of the permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In
all instances the applicant must demonstrate that extraordinary circumstances shall be
shown and the public interest shall suffer no substantial detrimental effect. Variances
from the use regulations of the Master Program are prohibited.
b. Review criteria for all variances. Variance permits for uses and/or development that will
be located landward of the OHWM and/or landward of any wetland may be authorized
provided the applicant can demonstrate all of the following:
i. That the strict application of the bulk, dimensional or performance standards set
forth in the applicable Master Program precludes, or significantly interferes with,
reasonable use of the property;
ii. That the hardship is specifically related to the property, and is the result of unique
conditions such as irregular lot shape, size, or natural features and the application
of the Master Program, and not, for example, from deed restrictions or the
applicant's own actions;
iii. That the design of the project is compatible with other authorized uses within the
area and with uses planned for the area under the comprehensive plan and SMP
and will not cause adverse impacts to the shoreline environment;
iv. That the variance will not constitute a grant of special privilege not enjoyed by the
other properties in the area;
v. That the variance requested is the minimum necessary to afford relief;
vi. That the public interest will suffer no substantial detrimental effect; and
vii. That the cumulative impact of additional requests for variances in the area where
similar circumstances exist would not produce substantial adverse effects to the
shoreline environment.
c. Additional review criteria for variances waterward of the OHWM. In addition to the
criteria established under KCC 17B.07.060(4)(b) above, applicants for variance permits
for uses and/or development that will be located waterward of the OHWM must also
demonstrate:
i. That the strict application of the bulk, dimensional or performance standards set
forth in the applicable Master Program precludes all reasonable use of the
property; and
ii. That the public rights of navigation and use of the shorelines will not be adversely
affected.
17B.07.070 Review procedures.
1. Generally. The general procedural requirements of the County shall apply to shoreline
permits except where this chapter is more restrictive or specific, in which case the provision
of this chapter shall apply.
2. Complete application. The Administrator shall issue a determination of completeness, upon
finding that the following required information has been submitted with an application for a
substantial development, conditional use, or variance permit:
a. A site development plan consisting of maps and elevation drawings, drawn to an
appropriate scale to depict clearly all required information, photographs and text which
shall include:
i. The boundary of the parcel(s) of land upon which the use or development is
proposed;
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ii. The OHWM of all water bodies located adjacent to or within the boundary of the
project. This may be an approximate location provided, that for any use or
development where a determination of consistency with the applicable regulations
requires a precise location of the OHWM, the mark shall be located precisely and
the biological and hydrological basis for the location as indicated on the plans shall
be included in the development plan. Where the OHWM is neither adjacent to or
within the boundary of the project, the plan shall indicate the distance and direction
to the nearest OHWM of a shoreline;
iii. Existing and proposed land contours. The contours shall be at intervals sufficient to
accurately determine the existing character of the property and the extent of
proposed change to the land that is necessary for the use or development. Areas
within the boundary that will not be altered by the use or development may be
indicated as such and contours approximated for that area;
iv. A delineation of all wetland areas that will be altered or used as a part of the
proposal;
v. A general indication of the character of vegetation found on the site;
vi. The dimensions and locations of all existing and proposed structures and
improvements including, but not limited to: buildings, paved or graveled areas;
roads; utilities; septic tanks and drainfields; material stockpiles or surcharge; and
stormwater management facilities;
vii. Where applicable, scaled elevation drawings of all proposed structures including
location of the OWHM;
viii. Where applicable, a landscaping plan for the project;
ix. Where applicable, plans for use and development of areas on or off the site as
mitigation for impacts associated with the proposed project shall be included and
contain information consistent with the requirements of this Section;
x. Quantity, source, and composition of any fill material that is placed on the site
whether temporary or permanent;
xi. Quantity, composition, and destination of any excavated or dredged material;
xii. A vicinity map showing the relationship of the property and proposed use or
development to roads, utilities, and existing uses and developments on adjacent
properties;
xiii. Where applicable, a depiction of the impacts to views from existing residential uses
and public areas; and
xiv. On all Variance Permit applications the plans shall clearly indicate where use
and/or development could occur without approval of a variance, the physical
features and circumstances on the property that provide a basis for the request,
and the location of adjacent structures and uses.
3. Concurrent submittals. When a substantial development permit and a conditional use or
variance permit are required for a proposal, the submittal on the permits shall be made
concurrently.
4. Notice.
a. Required. The Administrator shall notify the public, the Washington State Department of
Ecology, the Yakama Nation, other agencies with jurisdiction as well as individuals and
organizations that have requested notice in writing of applications for a shoreline
management substantial development, conditional use, or variance permit.
b. Timing. Notice of application shall be provided within fourteen (14) days after the
determination of completeness.
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c. When an open record hearing is required. If an open record pre-decision hearing is
required for the requested project permits, the notice of application shall be provided at
least fifteen (15) days prior to the open record hearing.
d. Contents. The notice shall include:
i. The date of application; the date of the notice of completion for the application; and
the date of the notice of application;
ii. A description of the proposed project action and a list of the project permits
included in the application and, if applicable, a list of any studies requested;
iii. The identification of other permits not included in the application to the extent
known by the local government;
iv. The identification of existing environmental documents that evaluate the proposed
project, and, if not otherwise stated on the document providing the notice of
application, such as a land use bulletin, the location where the application and any
studies can be reviewed;
v. A statement of the public comment period, which shall be not less than thirty (30)
days following the date of notice of application, and statements of the right of any
person to comment on the application, receive notice of and participate in any
hearings, request a copy of the decision once made, and any appeal rights. A local
government may accept public comments at any time prior to the closing of the
record of an open record pre-decision hearing, if any, or, if no open record pre-
decision hearing is provided, prior to the decision on the project permit;
vi. The date, time, place, and type of hearing, if applicable and scheduled at the date
of notice of the application;
vii. A statement of the preliminary determination, if one has been made at the time of
notice, of those development regulations that will be used for project mitigation and
of consistency; and
viii. Any other information determined appropriate by the local government.
e. Method. The notification system shall assure that notice to the general public and
property owners in the vicinity of such application is given by at least one of the following
methods:
i. Mailing of the notice to the latest recorded real property owners as shown by the
records of the county assessor within at least five hundred (500) feet of the
boundary of the property upon which the use or development is proposed; or
ii. Posting of the notice in a conspicuous manner on the property upon which the
project is to be undertaken.
5. Review and decision. The appropriate review authority identified in KCC 17B.07.050 shall
review applications for compliance with review criteria in KCC 17B.07.060 and either
approve, deny, or approve with conditions. In the case of shoreline conditional use and
variance permits, the decision shall serve as a recommendation to the Washington State
Department of Ecology, which is responsible for the final decision on shoreline conditional
use permits and variances.
6. Submittal to the Washington State Department of Ecology:
a. Required submittal. All applications for a permit or a permit revision shall be submitted
to the Washington State Department of Ecology upon a final decision by local
government, pursuant to WAC 173-27-130.
b. Modified project. When the project has been modified in the course of the review
proceeding, plans or text shall be provided to the local government that clearly indicate
the final approved plan, and the local government shall reissue the permit accordingly
and submit a copy of the reissued permit and supporting documents consistent with
KCC 17B.07.070(6) to the Washington State Department of Ecology for completion of
the file on the permit. The purpose of this provision is to assure that the local and
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Ecology files on the permit are complete and accurate and not to provide a new
opportunity for appeal of the permit.
c. Conditional use permits and variances. Shoreline Conditional Use Permits and
Variances shall be transmitted to the Washington State Department of Ecology for final
approval, denial, or approval with conditions.
17B.07.080 Appeals.
Any person aggrieved by the granting, denying, or rescinding of a permit on shorelines of the
state may seek review from the shorelines hearings board by filing a petition for review within
twenty-one (21) days of the date of filing of the decision, pursuant to RCW 90.58.180.
17B.07.090 Timing.
1. Applicability. The time requirements of this Section shall apply to all Substantial
Development Permits and to any development authorized pursuant to a Variance or
Conditional Use Permit.
2. Effective date. The effective date of a Substantial Development Permit shall be the date of
filing as provided in RCW 90.58.140(6).
3. Commencement. Construction activities associated with a shoreline permit are not
authorized and shall not begin until twenty-one (21) days from the date of filing or until all
review proceedings initiated within twenty-one (21) days from the date of such filing have
been terminated. Construction activities, or the use or activity where no construction
activities are involved, shall be commenced within two (2) years of the effective date of a
Substantial Development Permit.
4. Expiration. Authorization to conduct development activities shall terminate five (5) years
after the effective date of a shoreline permit, unless extended in accordance with the
provisions below.
5. Extension. The Administrator may authorize a single extension for a period not to exceed
one (1) year based on reasonable factors, if a request for extension has been filed before
the expiration date and notice of the proposed extension is given to parties of record on the
shoreline permit and to the Washington State Department of Ecology.
6. Exclusions. The time periods in this Section do not include the time during which a use or
activity was not actually pursued due to the pendency of administrative appeals or legal
actions or due to the need to obtain any other government permits and approvals for the
proposal, including all reasonably related administrative or legal actions on any such permits
or approvals.
7. Flexibility. Upon a finding of good cause, based on the requirements and circumstances of
the project proposed and consistent with the policy and provisions of the master program
and RCW 90.58, the County may adopt different time limits from those set forth in this
subsection as part of action on a Substantial Development Permit.
17B.07.100 Revisions.
1. Applicability.
a. Substantive changes. A permit revision is required whenever the applicant proposes
substantive changes to the design, terms, or conditions of a project from that which is
approved in the permit. Changes are substantive if they materially alter the project in a
manner that relates to its conformance to the terms and conditions of the permit, the
Master Program and/or the policies and provisions of the Shoreline Management Act
(RCW 90.58). Changes which are not substantive in effect do not require approval of a
revision.
b. Substantial development. If the proposed change, or the sum of the proposed revisions
and any previously approved revisions, constitutes substantial development then the
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applicant is not eligible for the revision process and shall be required to apply for a new
permit.
2. Submittal requirements. An applicant seeking to revise a permit shall submit detailed plans
and text describing the proposed changes to the Administrator.
3. Review criteria and findings. The Administrator may approve a revision when the proposed
changes are within the scope and intent of the original permit, and are consistent with the
applicable Master Program and the Act. At a minimum, Administrator must find:
a. No additional over-water construction is involved except that pier, dock, or float
construction may be increased by five hundred (500) square feet or ten percent (10%)
from the provisions of the original permit, whichever is less;
b. Ground area coverage and height may be increased a maximum of ten percent (10%)
from the provisions of the original permit;
c. The revised permit does not authorize development to exceed height, lot coverage,
setback, or any other requirements of the applicable Master Program except as
authorized under a variance granted as the original permit or a part thereof;
d. Additional or revised landscaping is consistent with any conditions attached to the
original permit and with the applicable Master Program;
e. The use authorized pursuant to the original permit is not changed; and
f. No adverse environmental impact will be caused by the project revision
4. Timing and limitations. Revisions to permits may be authorized after original permit
authorization has expired. However, such revisions shall be limited to authorization of
changes which are consistent with this Section and which would not require a shoreline
permit for the development or change. This subsection shall not be used to extend the time
requirements or to authorize substantial development beyond the time limits of the original
permit.
5. Notice. Notice of the revision approval shall be given to parties of record on the original
permit and to the Washington State Department of Ecology.
6. Effective date. The revised permit is effective immediately upon final decision by the
Administrator or, when appropriate, upon final action by the Washington State Department
of Ecology.
7. Appeals.
a. Timing. Appeals shall be in accordance with RCW 90.58.180 and shall be filed within
twenty-one (21) days from the date of receipt of the local government's action on a
substantial development permit revision by the Washington State Department of Ecology
or, for revisions to conditional use permits or variances, the date Ecology's final decision
is transmitted to local government and the applicant.
b. Grounds. Appeals shall be based only upon contentions of noncompliance with the
provisions of WAC 173-27-100.
c. Construction during appeal period. Construction undertaken pursuant to that portion of a
revised permit not authorized under the original permit is at the applicant's own risk until
the expiration of the appeals deadline.
d. Impact of appeal on original permit. If an appeal is successful in proving that a revision
is not within the scope and intent of the original permit, the decision shall have no
bearing on the original permit.
17B.07.110 Liberal construction.
As provided for in RCW 90.58.900, the Act is exempted from the rule of strict construction. The
Act and this Program shall be liberally construed to give full effect to the purposes, goals,
objectives, and policies for which the Act and this Program were enacted and adopted,
respectively.
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17B.07.120 Enforcement.
Chapter 173-27 WAC contains enforcement regulations, including authority for the County to
issue regulatory orders to enforce the SMA and the SMP. Upon a determination that there has
been a violation of any provision of the County’s shoreline regulations, the County may pursue
code enforcement and penalties in accordance with the provisions of KCC Title 18, Code
Enforcement.
17B.07.130 Amendments to SMP.
1. Applicability. This Section applies to comprehensive Shoreline Master Program updates as
well as limited SMP amendments that may be necessary from time to time to comply with
state and federal laws and implementing rules, address newly annexed shorelines, improve
consistency with the Act’s goals and policies, or correct errors or omissions. All Master
Program amendments shall be processed pursuant to the procedural requirements of WAC
173-26-010 through 173-26-160 and RCW 90.58.090.
2. Initiation of amendments.
a. By elected or appointed officials. The Board of County Commissioners or Planning
Commission may initiate an amendment to this Program according to the procedures
prescribed in WAC 173-26-100.
b. By the public. Any person may petition the Board of County Commissioners or Planning
Commission to amend this Program. Petitions shall specify the changes requested and
any and all reasons therefor. The Board of County Commissioners or Planning
Commission may schedule a public hearing on said petition(s) if it deems the proposed
amendment would make this Program more consistent with the Act or more equitable in
its application to persons or property due to changed conditions in an area.
c. As the result of annual review. The Administrator shall submit an annual report
reviewing the effectiveness of the Program in achieving its stated purpose, goals, and
objectives as well as any proposed amendments deemed necessary to increase its
effectiveness or equity. If said report contains proposed amendments, the Board of
County Commissioners may schedule a public hearing to consider such matter.
3. Notice. Notice of a public hearing shall be published in one or more newspapers of general
circulation in the area in which the hearing is to be held. The notice shall include: a
reference to the authority under which the action is proposed; a statement or summary of
the proposed changes to the Master Program; the date, time and location of the hearing; the
manner in which interested persons may present their views; and reference to the
availability of the draft proposal for public inspection at the Kittitas County Community
Development Department.
4. Consultations.
a. The local government shall consult with and solicit the comments of any persons,
groups, federal, state, regional, or local agency, and tribes having interests or
responsibilities relating to the shorelines or any special expertise with respect to any
environmental impact.
b. Adjacent local governments with jurisdiction over common shorelines of that state shall
be included in the consultation process.
c. The local government shall solicit comments on the draft proposal from the Washington
State Departments of Ecology and Commerce at least sixty (60) days prior to final local
approval.
5. Coordination. The County shall coordinate with the participating jurisdictions and verify
concurrence with or denial of the proposal. The amendments of concurring jurisdictions
shall be processed together.
6. Hearing. The County shall conduct at least one (1) public hearing to consider the draft
proposal.
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7. Washington State Department of Ecology Approval. Washington State Department of
Ecology approval is required pursuant to RCW 90.58.090.
Chapter 17B.08
APPENDIX A
Shoreline Environment Designation Maps.
The set of shoreline environment designation maps, boundaries, and other corresponding
information in Appendix A of the Kittitas County Shoreline Master Program, approved by the
Washington State Department of Ecology with an effective date of March 7, 2016, have been
incorporated into the Kittitas County Geographic Information System (GIS) Spatial Database
Engine (SDE) as a dataset designated as Shoreline Environment Designations. The GIS
Shoreline Environment Designations shall be the County’s Official Shoreline Environment
Designation Map. This map is utilizes parcel data in effect on March 7, 2016. The Shoreline
Environment Designations shall be integrated into Kittitas County’s web based mapping system
for viewing by the general public and be made available either digitally or physically by staff at
the Community Development Services Department for those without computer/internet access.
Chapter 17B.09
APPENDIX B
Shoreline Environment Designation Descriptions.
Department of Ecology SMP Guidelines (WAC 173-26-221)(2)(b)) requires master programs to
contain an up-to-date and accurate map of the shoreline area delineating the environment
designations and their boundaries. These maps are included in Appendix to this SMP. This
SMP also includes “common boundary descriptions” to accurately define and distinguish the
boundaries of the environments on the ground. The table below provides these common
boundary descriptions.
In the event of a mapping error, Kittitas County will rely upon these common boundary
descriptions and the criteria contained in Chapter 4 of this SMP, rather than the incorrect or
outdated map.
SR=Shoreline Residential
UC=Urban Conservancy
RC=Rural Conservancy
N=Natural
Waterbody
(Streams)
Environment
Designation Reach Description
Bear Creek RC From the creek’s confluence with the Little Naches
River to 0.55 miles upstream
Big Creek RC From the creek’s confluence with the Yakima River to
the west parcel line of parcel 20469, with the exception
of the left bank area between Nelson Siding Rd and I-
90 (see below)
SR The left bank area between Nelson Siding Rd and I-90,
including parcel 913736, 409134, and parcel 516136
north to parcel 900434
N From the west parcel line of parcel 20469 to the west
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Waterbody
(Streams)
Environment
Designation Reach Description
parcel line of parcel 305237
RC From the west parcel line of parcel 305237 to
approximately 2.8 miles upstream
Box Canyon Creek RC From the creek’s outlet at Kachess Lake upstream to
the boundary of the Alpine Lakes Wilderness Area
N From the Alpine Lakes Wilderness Area boundary to
approximately 1.3 miles upstream
Cabin Creek RC From the creek’s confluence with the Yakima River to
9.05 miles upstream
Cherry Creek RC From the creek’s confluence with Wilson Creek
upstream to the creek’s confluence with Parke Creek
Chief Creek N From the creek’s confluence with the Waptus River to
0.83 mile upstream
Cle Elum River RC From the river’s confluence with the Yakima River
upstream to I-90
UC All areas within Cle Elum’s UGA
N From the Cle Elum city limits upstream to the western
parcel line of parcel 542534
RC From the western parcel line of parcel 542534
upstream to the outlet of Lake Cle Elum
Coal Creek RC From the creek’s outlet in Keechelus Lake to 1.69 miles
upstream
Cold Creek RC From the creek’s outlet in Keechelus Lake to 1.95 miles
upstream
Columbia River RC From the Kittitas-Yakima county line north to the north
end of the I-90 right-of-way parcel.
N Island within parcel 331333
UC From the north end of the I-90 right-of-way parcel
upstream to the north parcel line of parcel 940933
SR Vantage. From parcel 600933 north to parcel 880933
RC From the north parcel line of parcel 880933 north to
approximately 0.16 miles north of the southeast corner
of parcel 830933
N From approximately 0.16 miles north of the southeast
corner of parcel 830933 north to the south parcel line of
parcel 885234
RC From the south parcel line of parcel 885234 north to the
north corner of parcel 745234
N From the north corner of parcel 745234 north to the
Kittitas-Douglas county line
Cooper River RC From the river’s confluence with the Cle Elum River
upstream to the outlet of Cooper Lake, with the
exception of parcel 052736 north to parcel 322736
SR Parcel 052736 north to parcel 322736
RC From the river’s inlet into Cooper Lake upstream to, and
including, parcels 029035 and 478835
N From upstream of parcels 029035 and 475535
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Waterbody
(Streams)
Environment
Designation Reach Description
upstream to the river’s confluence with Lemah Creek
Delate Creek N From the creek’s confluence with the Cooper River
upstream to the outlet of Spectacle Lake
Fortune Creek RC From the creek’s confluence with the Cle Elum River to
3.56 miles upstream
French Cabin Creek RC From the creek’s outlet into Lake Cle Elum to 2.87
miles upstream
Gale Creek RC From the creek’s outlet into Kachess Lake to 2.67
upstream
Goat Creek N From the creek’s confluence with the Waptus River to
1.26 miles upstream
Gold Creek RC From the creek’s outlet into Keechelus Lake upstream
to the west parcel line of parcel 138135 and the west
and south parcel lines of parcel 44337
Gold Creek RC From the creek’s outlet into Keechelus Lake upstream
to the west parcel line of parcel 138135 and the west
and south parcel lines of parcel 44337
N From the west parcel line of parcel 138135 and the
west and south parcel lines of parcel 44337 to
upstream approximately 4.6 miles, excluding parcels
453337 and 328235
RC Parcel 453337
SR Parcel 328235
Kachess River RC From the river’s outlet into Lake Easton upstream to the
river’s inlet from Kachess Lake, with the parcels along
Kachess River Rd (parcel 142136 northwest to parcel
112136
SR The parcels along Kachess River Rd (parcel 142136
northwest to parcel 112136
RC From the river’s outlet into Kachess Lake upstream to
the Mineral Creek confluence
Lemah Creek N From the creek’s confluence with the Cooper River
upstream to the creeks inlet at Pete Lake
N From the creek’s outlet into Pete Lake to approximately
1.0 mile upstream
Lemah Creek UT N From the creek’s confluence with the mainstem Lemah
Creek to approximately 1.5 miles upstream
Little Creek SR From the creek’s confluence with the Yakima River
upstream to the north side of the I-90 right-of-way
parcel.
RC From the north side of the I-90 right-of-way parcel
upstream approximately 0.7 miles from the north parcel
line of parcel 185434
N From approximately 0.7 miles upstream of the north
parcel line of parcel 185434 to approximately 3.3 miles
upstream
Little Nachess River RC From the Kittitas-Yakima county line upstream to the
river’s confluence with its north fork
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Waterbody
(Streams)
Environment
Designation Reach Description
Log Creek RC From the creek’s confluence with the Cabin Creek to
3.13 miles upstream
Manastash Creek RC From the creek’s confluence with the Yakima River
upstream to its confluence with the South Fork
Meadow Creek RC From the creek’s outlet into Keechelus Lake to 3.39
miles upstream
Middle Fork Little
Naches River
RC From the river’s confluence with the North Fork Little
Naches River to 0.27 miles upstream
Middle Fork
Teanaway River
RC From the river’s confluence with the mainstem to 12.45
miles upstream, excluding the parcels from parcel
207335 west to parcel 567335
SR From parcel 207335 west to parcel 567335
Mineral Creek N From the creek’s confluence with the Kachess River to
2.06 miles upstream
Naneum Creek RC From the creek’s confluence with Wilson Creek to 25.26
miles upstream
North Fork Little
Naches River
RC From the river’s confluence with the mainstem to 5.41
miles upstream
North Fork Taneum
Creek
RC From the creek’s confluence with the mainstem to 9.77
miles upstream
North Fork
Teanaway River
RC From the river’s confluence with the mainstem to 8.58
miles upstream
North Fork
Teanaway River
UT
RC From the river’s confluence with the north fork to 7.68
miles upstream
Parke Creek RC From the creek’s confluence with Cherry Creek to 1.0
miles upstream
Quartz Creek RC From the creek’s confluence with the Little Naches
River to 0.83 mile upstream
Roaring Creek RC From the creek’s outlet into Keechelus Lake upstream
to the west parcel line of parcel 625835
SR From the west parcel line of parcel 625835 upstream to
the east parcel line of parcel 625835
RC From the east parcel line of parcel 625835 upstream to
the creek’s inlet at Lost Lake
Scatter Creek RC From the creek’s confluence with the Cle Elum river to
0.54 mile upstream
Shovel Creek N From the creek’s confluence with the Waptus River
upstream to the creek’s inlet at Shovel Lake
N From the creek’s outlet at Shovel Lake to approximately
1.0 mile upstream
Silver Creek RC From the creek’s confluence with the Yakima River to
0.75 mile upstream
South Fork
Manastash Creek
RC From the creek’s confluence with the mainstem to
13.36 miles upstream
South Fork Taneum
Creek
RC From the creek’s confluence with the mainstem to 5.95
miles upstream
Spade Creek N From the creek’s confluence with the Waptus River to
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Waterbody
(Streams)
Environment
Designation Reach Description
1.08 miles upstream
Spinola Creek N From the creek’s confluence with the Waptus River to
3.98 miles upstream
Stafford Creek RC From the creek’s confluence with the North Fork
Teanaway River to 2.70 miles upstream
Swauk Creek RC From the creek’s confluence with the Yakima River to
16.81 miles upstream
Taneum Creek RC From the creek’s confluence with the Yakima River
upstream to the west parcel lines of parcels 407634
and 956644
N From the west parcel lines of parcels 407634 and
956644 upstream to the west parcel line of parcel
523633
RC From the west parcel line of parcel 523633 upstream to
the creek’s confluence with its north and south forks
Teanaway River RC From the river’s confluence with the Yakima River to
the river’s confluence with its west and middle forks,
excluding the parcels along Teanaway Acres Rd (parcel
805235 northeast to parcel 095235)
SR The parcels along Teanaway Acres Rd (parcel 805235
northeast to parcel 095235)
Thorp Creek N From the creek’s confluence with the Cle Elum River to
2.20 miles upstream
Trail Creek N From the creek’s confluence with the Waptus Creek to
1.84 miles upstream
Waptus River N From the river’s confluence with the Cle Elum River
upstream to the river’s inlet at Waptus Lake
N From the river’s outlet at Waptus Lake upstream to the
river’s confluence with Shovel Creek
West Fork Box
Canyon Creek
RC From the creek’s confluence with the mainstem to 0.24
mile upstream
West Fork
Teanaway River
RC From the river’s confluence with the mainstem to
approximately 0.2 mile upstream of the southern parcel
line of parcel 117235
N From approximately 0.2 mile upstream of the southern
parcel line of parcel 117235 to approximately 4.0 miles
upstream
Wilson Creek RC From the creek’s confluence with the Yakima River
upstream to the creek’s confluence with Naneum Creek
Yakima River RC For all areas within Kittitas County jurisdiction, except
for the areas listed below
N From the Kittitas-Yakima county line upstream to the
southern parcel line of parcel 494233
N From the southern parcel lines of parcels 583533 and
464233 upstream to, and including, parcels 32033,
630333, and 080333, excluding parcel 564133 north to
parcel 844533, the portion of 764533 east of the
Yakima River, and parcel 924433 north to parcel
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Waterbody
(Streams)
Environment
Designation Reach Description
593036
UC All areas within Ellensburg’s UGA
UC All areas within South Cle Elum’s UGA
UC All areas within Cle Elum’s UGA
SR The area along Kiias Elk Trail, from parcel 055334 west
to parcel 265334
SR From the north parcel line of parcel 165934 northeast to
the west parcel line of parcel 799234
SR The area along Pebble Beach Dr, from parcel 083234
north to parcels 839234 and 289234 (Sun Country
Estates subdivision)
SR The Elk Meadows subdivision
SR The Pine Glen subdivision
SR The Sun Island subdivision
Alaska Lake N Entire lake shoreline
Chikamin Lake N Entire lake shoreline
Circle Lake N Entire lake shoreline
Cle Elum Lake RC Entire lake shoreline, except for from parcel 787235
south to parcel 626936
SR From parcel 787235 south to parcel 626936
Cooper Lake RC Entire lake shoreline, except for from parcel 448835
east to parcel 348835
SR From parcel 448835 east to parcel 348835
Deep Lake N Entire lake shoreline
Fiorito Lake RC Entire lake shoreline
Glacier Lake N Entire lake shoreline
Joe Lake N Entire lake shoreline
Kachess Lake RC Entire lake shoreline, except where described below
SR Along Bakers Ln, from parcel 126535 south to parcel
718436
SR Along Summer Park Ct, Via Kachess Rd and, and
Mountain View Ln, from parcel 696835 south to parcel
306635
SR From parcel 487136 east to parcel 467136
SR Along Forest Service Rd 4818, from parcel 717436
south to parcel 86835
Keechelus Lake RC Entire lake shoreline
Lake Easton RC Entire lake shoreline
Lake Ivanhoe N Entire lake shoreline
Lake Lillian N Entire lake shoreline
Lake Michael N Entire lake shoreline
Lake Rowena N Entire lake shoreline
Lavender Lake RC Entire lake shoreline, except for from parcel 180134
Kittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance
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Waterbody
(Streams)
Environment
Designation Reach Description
east to parcel 550334
SR Along Pine Glen Dr, from parcel 180134 east to parcel
550334
Lost Lake RC Entire lake shoreline
Manastash Lake RC Entire lake shoreline
Matoon Lake UC Entire lake shoreline within County jurisdiction
Mirror Lake RC Entire lake shoreline
Pete Lake N Entire lake shoreline
Rachael Lake N Entire lake shoreline
Robin Lake N Entire lake shoreline
Shovel Lake N Entire lake shoreline
Spade Lake N Entire lake shoreline
Spectacle Lake N Entire lake shoreline
Tuck Lake N Entire lake shoreline
Tucquala Lake RC Entire lake shoreline
Unnamed Lake-
Gold Creek
Reach 01
RC Entire lake shoreline, except where described below
N Parcel 443337
SR Parcel 748335
Unnamed Lake 05-
Yakima River
Reach 07
RC Entire lake shoreline
Unnamed Pond 04-
Yakima River
Reach 04
RC Entire pond shoreline
Unnamed
Waterbody 01-
Yakima River
Reach 04
RC Entire waterbody shoreline
Unnamed
Waterbody 02-
Yakima River
Reach 04
RC Entire waterbody shoreline
Unnamed
Waterbody 03-
Yakima River
Reach 04
RC Entire waterbody shoreline
Venus Lake N Entire lake shoreline
Waptus Lake N Entire lake shoreline
Kittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance
Kittitas County Code Title 15A Amendments Exhibit E | March 2016 | Page 331 of 339
EXHIBIT E
Kittitas County Shoreline Master Program Update
Board of County Commissioners
Description: Ordinance Adopting Amendments to Kittitas County Code Title 15A Project
Permit Application Process
Kittitas County Code Title 15A Project Permit Application Process amendments are
adopted as follows:
Kittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance
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Kittitas County Code
Title 15A | PROJECT PERMIT APPLICATION PROCESS*
Chapter 15A.01
ADMINISTRATION, PURPOSE AND OBJECTIVE
Sections
15A.01.010 Purpose and authority.
15A.01.020 Administrative and enforcement officers.
15A.01.030 Applicability.
15A.01.040 Roles and responsibilities.
15A.01.050 Severability.
15A.01.040 Roles and responsibilities.
The regulation of land development is a cooperative activity including many different elected
and appointed bodies and county staff. The specific responsibilities of these bodies is set forth
below and outlined in Table A at the end of this title.
1. Applicant. An applicant is expected to read and understand the county comprehensive
plan and code and be prepared to fulfill the obligations placed on the applicant. Pre-
application conferences are available to anyone who wishes to discuss such obligations
prior to submittal.
2. Community Development Services Director.
a. The Community Development Services Director (CDS Director) is responsible for
the administration of portions of KCC Title 15, Environmental Policy, Title 15A,
Project Permit Application Process, Title 16, Subdivisions, Title 17, Zoning, Title
17A, Critical Areas, and the shoreline master program.
b. Upon request or as determined necessary, the CDS Director shall interpret the
meaning or application of the provisions of said titles and issue a written
administrative interpretation. Requests for interpretation shall be written and shall
concisely identify the issue and desired interpretation.
c. Administrative land use decisions on certain zoning conditional uses, and
variances from the standards and dimensional regulations of the zoning code,
KCC Title 17, such as setback and yard restrictions.
d. The CDS Director or his/her designee shall have the authority to review and
approve, deny, or approve with conditions, applications for the following:
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i. Letters of exemption from a shoreline substantial development permit;
ii. Shoreline substantial development permits;
iii. Revisions to shoreline substantial development permits; and
c.iv. Requests for timing extensions for i through iii above.
3. Board of County Commissioners. In addition to its legislative responsibilities under
KCC Title 15B, the board shall review and act on the following subjects pursuant to this
title:
a. Recommendations of the Hearing Examiner or Planning Commission. Decision-
making process by the board shall consist of a public meeting or meetings
wherein the board reviews the written record transmitted from the Hearing
Examiner for Quasi judicial matters and the Planning Commission for Legislative
matters and issues a written decision in resolution or ordinance form. During
such meeting(s), appropriate county staff will present the record to the board,
providing information as necessary to ensure county code compliance. No new
comment or information will be allowed by the board during the decision-making
process.
b. Appeals of administrative SEPA actions regarding an action without an
underlying permit.
c. Open record appeal of administrative SEPA actions when the board of county
commissioners hears the appeal of the associated administrative permit decision.
d. Appeal of administrative determinations such as short plats, variances, and code
interpretations.
e. Shoreline substantial development permits that are included in consolidated
permit applications that are subject to Board review and action.
e.f. Review and initial local County approval, denial, or approval with conditions for
shoreline conditional use permits and shoreline variances that are in
consolidated permits applications that are subject to Board review and action.
4. Hearing Examiner - Recommendation. The Hearing Examiner shall review and make
recommendations to the board of county commissioners on the following applications
and subjects:
a. All Quasi judicial review processes including:
i. applications for preliminary plats
Kittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance
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ii. Rezone applications.
b. Other actions requested or remanded by the board of county commissioners.
c. Development agreements.
d. Conditional use permits pursuant to the zoning code, KCC Title 17.
d. e. Shoreline permits, including variances, conditional uses, and shoreline substantial
development permits pursuant to the shoreline master program.
e. In the case of an open record appeal of administrative SEPA actions when the
Hearing Examiner makes a recommendation to the board of county
commissioners on the underlying permit, the Hearing Examiner shall decide the
SEPA appeal. (Ord. 2014-008, 2014;)
5. Hearing Examiner – Decision. The Hearing Examiner or his/her designee shall have
the authority to review and make initial local County approval, denial, or approval with
conditions for the following:
a. Shoreline conditional use permits; and
b. Shoreline variances.
6. Washington State Department of Ecology. The Washington State Department of
Ecology shall be responsible for the final approval, denial, or approval with conditions for
the following:
a. Shoreline conditional use permits and revisions to same; and
e.b. Shoreline variances and revisions to same.
Chapter 15A.03
PROJECT PERMIT APPLICATION REVIEW
Sections
15A.03.010 Complete application defined.
15A.03.020 Pre-application conference.
15A.03.030 Application and accompanying data.
15A.03.040 Determination of complete application.
15A.03.045 Permit processing time.
15A.03.050 Fee schedule.
Kittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance
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15A.03.060 Notice of application.
15A.03.070 Specific procedures for permit review.
15A.03.080 Projects exempt from the provisions of notice of application.
15A.03.090 Review actions on project permit applications.
15A.03.100 Criteria for review of all project actions.
15A.03.110 Posting sites.
15A.03.020 Pre-application conference.
A pre-application conference is offered to all interested potential applicants. Applicants are
encouraged but not required to request this conference except in the case of a Cluster Platting
and Conservation Platting, Planned Unit Development, master planned resort, conditional use
permit, shoreline permit substantial development permit, shoreline conditional use permit,
shoreline variance, rezone and any preliminary plat over nine (9) lots where a pre-application
conference is required.
1. Prior to formal submittal of a project permit application, one or more optional
conferences with appropriate county department representatives and other public
agency representatives may be requested by the applicant. The date, time and place of
such conferences shall be at the mutual agreement of the participants.
2. Such conferences are intended as informal discussion and review of possible
applications to assist the possible applicant in discovery of appropriate county
regulations, standards, application formats and review processes that would be required
of a project.
3. Such conferences are not publicized and the public is not permitted to attend in order
that a potential applicant's interests be protected. ((Ord. 2013-001, 2013; Ord. 2011-013,
2011; Ord. 2010-014 , 2010; Ord. 2007-22, 2007; Ord. 2007-22, 2007; Ord. 2000-07;
Ord. 98-10, 1998)
15A.03.080 Projects exempt from the provisions of notice of application.
The following project proposals and land use actions shall be exempt from the provisions of
notification when not associated with a larger, overall project. These projects allow an
abbreviated application format and do not involve public review or hearing unless appeal to an
administrative determination involving the underlying project is properly filed:
1. An act of subdivision not required to be accomplished by long plat, large lot subdivision
short plat, or binding site plan;
Kittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance
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2. Land use activity permitted without benefit of conditional use approval (administrative or
quasi-judicial), as listed in KCC Title 17, Zoning;
3. Minor amendments or modifications to approved developments or permits. Minor
amendments are those which may affect the precise dimensions or locations of
buildings, accessory structures and driveways, but do not affect the overall project
character, increase the number of lots, dwelling units, or density, or decrease the quality
or amount of open space;
4. Building and associated construction permits, including but not limited to mechanical,
plumbing, tank and manufactured home placement, etc.;
5. Sign permit;
6. Flood development permit;
7. Critical areas binding determination;
8. Septic and associated health permits, including vault privy, pool and food handler, etc.;
9. Well and/or community water system permit;
10. Approval to access onto county road;
11. Acts of right-of-way vacation;
12. Miscellaneous county actions related to use of public areas or facilities; and
13. Those actions categorically exempt from SEPA review, pursuant to Chapter 15.04 KCC,
except as may be required by KCC 15A.03.060(D);.
13.14. Those actions exempt from shoreline substantial development permitting process
as set forth in WAC 173-27-040(2) and RCW 90.58.030.
(Ord. 2014-015, 2014; Ord. 2007-22, 2007; Ord. 2000-07; Ord. 98-10, 1998)
Kittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance
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Table A
Step 1
Public
Comment Period
Step 2
Open
Record
Hearing
Step 3
Decision
Step 4
Administrative
Appeal
Step 5
Judicial
Appeal*
Binding Site Plan: 15 days None Staff BCC Sup. Court
Zoning Variance: 15 days None Staff BCC Sup. Court
Permitted Administrative
Uses5:
15 days None Staff BCC Sup. Court
Short Plats: 15 days None Staff BCC Sup. Court
Boundary Line
Adjustments:
None None Staff BCC Sup. Court
Grade and Fill Permit: None None Staff BCC Sup. Court
SEPA Actions: Appeals
of threshold
determinations:
15 days None Staff HE Sup. Court
SEPA Actions: The
exercise of substantive
SEPA authority and
adequacy of an EIS1:
15 days None Staff HE/BCC2 Sup. Court
Independent
administrative rulings:
None None Staff BCC3 Sup. Court
Zoning Conditional Uses
(Administrative):
15 days None Staff BCC Sup. Court
Kittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance
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Step 1
Public
Comment Period
Step 2
Open
Record
Hearing
Step 3
Decision
Step 4
Administrative
Appeal
Step 5
Judicial
Appeal*
Zoning Conditional Uses
(Hearing):
15 days HE BCC None Sup. Court
Long Plats: 15 days HE BCC None Sup. Court
Shoreline Exemptions None None Staff None Shorelines
Board
Shoreline Substantial
Development
30 days None Staff/BCC6 None Shorelines
Board
Shorelines Substantial
Development/Conditiona
l. Use:
30 days HE/BCC7 Department
of
EcologyBCC
None Shorelines
Board
Shorelines Setback
Variance:
30 days HE/BCC7 Department
of
EcologyBCC
None Shorelines
Board
Site-Specific Rezone to
Zoning Map (Including
PUD)4:
30 days HE BCC None Sup. Court
Development
Agreement:
30 days BCC BCC None Sup. Court
(Ord. 2014-015, 2014; Ord. 2014-008, 2014; Ord. 2013-001, 2013; Ord. 2012-009, 2012; Ord. 2010-011,
2010; Ord. 2009-25, 2009; Ord. 2000-07; Ord. 98-10, 1998)
1 See KCC 15A.01.040 for clarification of roles and responsibilities.
2 Open record appeals of SEPA actions are heard by the hearing body making the decision on,
or hearing the appeal of, the underlying application.
3 Hearing Examiner for all actions associated with a project before him/her, all independent
actions regarding KCC Title 17, Zoning; BCC for all actions associated with a project before
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them, and for independent actions regarding all county policies, codes, and standards not
associated with KCC Title 17, Zoning.
4 Unless the rezone requires a comprehensive plan amendment which would then follow the
comprehensive plan amendment process as outlined in KCC Title 15B.
5 In the event that a procedural appeal is filed pursuant to Chapter 15A.04 KCC, the HE shall
consider and issue a final decision on both the administrative appeal and the underlying project
permit application under a single consolidated open record hearing. In such an event, the HE's
decision on the underlying application shall be quasi-judicial.
6 The Board of County Commissioners has the authority to review, approve, deny, or approve
with conditions, applications for shoreline substantial development permits that are included in
consolidated permit applications that are subject to Board review and action.
7 The Board of County Commissioners has the authority to make initial local County approval,
denial, approval with conditions
Legend:
BCC - Board of County Commissioners
HE - Hearing Examiner
Staff - County administration
NOTE: In the case of application requiring combined legislative and quasi-judicial actions, a
development agreement may provide for appropriate review and hearing body.
* Please review state revised and administrative code for appropriate judicial reviewing bodies.