HomeMy WebLinkAboutBOCC Ordinance - Amend and Adopt CAOCritical Areas Ordinance Update December 7, 2021
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BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
Ordinance NO. _________
AN ORDINANCE CONCERNING THE UPDATE TO KITTITAS COUNTY CODE
TITLE 17A, CRITICAL AREAS ORDINANCE OF KITTITAS COUNTY
WHEREAS, RCW 36.70A, the Growth Management Act (GMA), requires all local governments to
designate Critical Areas and develop regulations pertaining to their protection (RCW 36.70A.170(1)(d) and
RCW 36.70A.060(2)); and
WHEREAS, the GMA defines five types of critical areas, being wetlands, areas with a critical recharging
effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded
areas, and geologically hazardous areas (RCW 36.70A.030(5); and
WHEREAS, the Kittitas County Board most recently updated the County’s Critical Areas Ordinance
(CAO) in 1996 (Ordinance No. 96-14); and
WHEREAS, in 2017, Kittitas County considered updates to the CAO as part of the County’s
Comprehensive Plan periodic update; and
WHEREAS, in 2018, the Kittitas County Planning Commission remanded the proposed CAO update to
staff for additional changes; and
WHEREAS, the GMA requires Kittitas County to review and evaluate its development regulations, and
take legislative action, if needed, to revise its development regulations to ensure compliance with the
requirements of RCW 36.70A; and
WHEREAS, the minimum guidelines for what Kittitas County must include in the protection of each critical
areas is outlined in WAC 365-190-080; and
WHEREAS, the GMA also requires Kittitas County to include a review of the Best Available Science
(BAS), and give special consideration to the protection and conservation measures necessary to preserve
and/or enhance anadromous fisheries in its review of its development regulations; and
WHEREAS, in 2011, Washington State Legislature passed ESHB 1886, establishing the Voluntary
Stewardship Program to protect and enhance critical areas on land used for agricultural activities through
voluntary actions by agricultural operators; and
WHEREAS, on November 30th, 2011, the Kittitas County Board of County Commissioners adopted
Ordinance No. 2011-012, electing to participate in the VSP, as an alternate to RCW 36.70A.060; and
WHEREAS, the GMA (36.70A.020) also requires Kittitas County to consider and balance the thirteen (13)
goals of the Act; and
Critical Areas Ordinance Update December 7, 2021
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WHEREAS; County staff, the County’s environmental consulting firms, Environmental Science
Associates, SCJ Alliance, and The Watershed Company, and the Planning Commission included the Best
Available Science in drafting the updates to the CAO; and
WHEREAS, Kittitas County developed a public participation program for this update to inform, involve
and encourage participation of interested persons and private entities, tribes, and applicable agencies having
interests and responsibilities relating to critical areas; and
WHEREAS, Kittitas County has followed its public participation program, including providing interested
parties with timely information, an understanding of the process, and multiple opportunities to review and
comment on the proposed amendments to the SMP. Kittitas County encouraged interested parties to review
and comment on proposed changes with four (4) public comment periods. Kittitas County provided
information on the proposed amendments with a CAO website, and advertised all comment periods with
the newspaper of record; and
WHEREAS, the Planning Commission conducted three (3) study sessions on the proposed amendments to
the CAO on July 13, 2021, August 10, 2021, and September 14, 2021; and
WHEREAS, Kittitas County published a legal notice in the Northern Kittitas County Tribune on September
23, 2021 and September 30, 2021, and in the Daily Record on September 28, 2021 and October 5, 2021,
for a Planning Commission virtual public hearing,
WHEREAS, Kittitas County prepared an environmental checklist required by the State Environmental
Policy Act (SEPA) on August 21, 2021, and issued a Determination of Non-Significance on September 23,
2021 on the environmental impact from the adoption of the proposed CAO; and
WHEREAS, Kittitas County provided Notice of Intent to Adopt to the Washington State Department of
Commerce in accordance with WAC 173-26-100(5); and
WHEREAS, Kittitas County Planning Commission held a virtual public hearing October 12, 2021 to
receive testimony on topics the public believed should be addressed during the periodic review; and
WHEREAS, on October 12, 2021, the Planning Commission, by motion and vote, unanimously
recommended that the Board adopt the proposed updates to the CAO, with consideration to the Planning
Commissions proposed amendments and findings; and
WHEREAS, staff provided the Board with a staff report, that included the Planning Commissions proposed
amendments, Findings, and Recommendations to the Board (Exhibit B); and
WHEREAS, a Public Hearing Notice was posted in the Northern Kittitas County Tribune on October 21,
2021 and October 28, 2021, and in the Daily Record on October 21, 2021 and October 28, 2021, and said
notice was mailed to stakeholders, agencies, and interested parties; and
WHEREAS, the Kittitas County Board of County Commissioners held a virtual public hearing on
November 3, 2021 to consider amendments to the Critical Areas Ordinance; and
WHEREAS, the Kittitas County Board of County Commissioners after considering all public comments
and evidence, and after deliberation and considering the hearing record, approved the proposed amendments
at the November 3, 2021 hearing; and
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WHEREAS, the Board of Kittitas County further concludes that this completes Kittitas County’s required
process for periodic review in accordance with RCW 36.70A.040.
NOW, THEREFORE, BE IT ORDAINED BY THE KITTITAS COUNTY BOARD OF
COUNTY COMMISSIONERS:
The Commission hereby finds that the review and evaluation required by the Growth Management Act, as
set forth in RCW 36.70A, have occurred, as described in the recitals above.
NOW, THEREFORE, BE IT ORDAINED BY THE KITTITAS COUNTY BOARD OF
COUNTY COMMISSIONERS:
That Kittitas County Code Title 17A is hereby amended with new sections to read as set forth in Exhibit A
attached to this ordinance and incorporated herein by this reference. The Critical Aquifer Recharge Area
Map is adopted as attached in Exhibit B and the Kittitas County Ecoregions Map is adopted as attached in
Exhibit C. The amendments and maps adopted through this ordinance shall be effective on February 7,
2022. Information Services is hereby directed to make these changes to the regulations on the County
website. The Community Development Services Director and Prosecuting Attorney are authorized to
correct any scrivener’s errors without Board approval.
ADOPTED this 7th day of December, 2021
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
_______________________________
Brett Wachsmith, Chairman
_______________________________
Laura Osiadacz, Vice-Chairman
_______________________________
Cory Wright, Commissioner
ATTEST: APPROVED AS TO FORM:
☐ Clerk of the Board- Julie Kjorsvik
☐ Deputy Clerk of the Board- Mandy Buchholz
________________________ __________________________
Neil Caulkins,
Deputy Prosecuting Attorney
EXHIBIT A
ADOPTED TITLE 17A
CRITICAL AREAS ORDINANCE
Kittitas County Code
Title 17A | CRITICAL AREAS
Chapters
17A.01 Statutory Authorization, Purpose and Objectives
17A.02 Definitions
17A.03 Administration
17A.04 Critical Areas Designation and Development Standards
17A.05 Frequently Flooded Areas
17A.06 Geologically Hazardous Areas
17A.07 Habitat
17A.08 Aquifer Recharge Areas
17A.55 Repealed
Chapter 17A.01
STATUTORY AUTHORIZATION, PURPOSE AND OBJECTIVES
Sections
17A.01.010 Statutory authorization.
17A.01.015 Purpose and objectives.
17A.01.020 New critical areas.
17A.01.010 Statutory authorization.
The Washington State Legislature requires local governments who plan under RCW 36.70A.040 to
designate critical areas and adopt development regulations concerning critical areas. (RCW
36.70A.170 and 36.70A.060.) In adopting these regulations, the county has considered the guidelines
established pursuant to RCW 36.70A.050. (Ord. 94-22 (part), 1994).
17A.01.015 Purpose and objectives.
This critical areas chapter is intended to set forth the procedure by which critical areas are
designated, and to protect critical areas, pursuant to RCW 36.70A.170 (designation) and RCW
36.70A.060 (development regulations). All regulations established herein may not prohibit uses
permitted prior to their adoption and shall remain in effect until Kittitas County adopts permanent
development regulations pursuant to RCW 36.70A.120. (RCW 36.70A.060(1)). (Ord. 94-22 (part),
1994).
17A.01.020 New critical areas.
This critical areas chapter is based upon Washington State law and the various maps and regulations
referenced herein as of the date of the adoption of the ordinance codified in this chapter.
Subsequent amendment of state law, or identification by the state of new information concerning
critical areas, or the listing by the state of new threatened, endangered, or sensitive species will not
be deemed by the county to automatically amend this chapter. This chapter is based upon the law,
information, public comment, and scientific study as of the date of its adoption. A change in any of
these factors may lead to future amendment of this chapter, but only after complying with the
normal requirements for amending county ordinances. It is the policy of Kittitas County to insure that
any amendments to this chapter will only occur after landowners and county residents have an
opportunity for significant participation and consultation. (Ord. 94-22 (part), 1994).
Chapter 17A.02
DEFINITIONS
Sections
17A.02.010 Agriculture.
17A.02.020 Areas with a critical recharging effect on aquifers used for potable water.
17A.02.030 Base flood.
17A.02.040 Big game winter range.
17A.02.050 Buffer.
17A.02.060 Critical areas.
17A.02.070 Development.
17A.02.080 Erosion hazard areas.
17A.02.090 Fish and wildlife habitat conservation areas.
17A.02.100 Flood fringe.
17A.02.110 Flood protection elevation.
17A.02.120 Floodplain.
17A.02.130 Floodway.
17A.02.140 Frequently flooded area.
17A.02.150 Geologically hazardous areas.
17A.02.160 Groundwater.
17A.02.170 Hazardous materials.
17A.02.180 Irrigation.
17A.02.190 Irrigation system.
17A.02.200 Landslide hazard areas.
17A.02.210 Mine hazard areas.
17A.02.220 Native vegetation and fauna.
17A.02.230 Priority species habitats.
17A.02.240 Priority animal species.
17A.02.250 Riparian habitat.
17A.02.260 Seismic hazard areas.
17A.02.270 Species of local importance.
17A.02.280 Volcanic hazard area.
17A.02.290 Water rights.
17A.02.300 Waters/water typing system.
17A.02.310 Wetlands.
17A.02.320 Wetland buffers.
17A.02.330 Wetland replacement ratio.
17A.02.010 Agriculture.
"Agriculture" is the grazing, feeding, and watering of livestock; plowing, seeding, cultivation, and
harvesting for the production of crops and pasture; soil and water conservation practices; the
creation and maintenance of farm or stock ponds, irrigation ditches, drainage ditches, underground
drainage systems, fences and farm roads, the control of noxious weeds, and includes any associated
structures, appurtenances, equipment, or activities. (Ord. 94-22 (part), 1994).
17A.02.020 Areas with a critical recharging effect on aquifers used for potable water.
"Areas with a critical recharging effect on aquifers used for potable water" are areas where an aquifer
that is a source of drinking water is vulnerable to contamination that would effect the potability of
the water. (WAC 365-190-030(2)). (Ord. 94-22 (part), 1994).
17A.02.030 Base flood.
"Base flood" means a flood having a one percent chance of being equaled or exceeded in any given
year. (Ord. 94-22 (part), 1994).
17A.02.040 Big game winter range.
"Big game winter range" means wintering areas used by deer, elk, and bighorn sheep. The wintering
areas are owned or leased by the Washington Department of Fish and Wildlife. These lands also
provide significant habitat for other species and constitute wildlife conservation areas. (Ord. 94-22
(part), 1994).
17A.02.050 Buffer.
"Buffer" means an area which is an integral part of a critical area and which enhances its protection.
(Ord. 94-22 (part), 1994).
17A.02.060 Critical areas.
"Critical areas" are: (1) wetlands; (2) areas with a critical recharging effect on aquifers used for
potable water; (3) fish and wildlife habitat conservation areas; (4) frequently flooded areas; and (5)
geologically hazardous areas. (Ord. 94-22 (part), 1994).
17A.02.070 Development.
"Development" constitutes any activity specified in Section 17A.03.015. (Ord. 94-22 (part), 1994).
17A.02.080 Erosion hazard areas.
"Erosion hazard areas" are those geologically hazardous areas containing soils which may experience
or have experienced a severe to very severe surface erosion process. (Ord. 94-22 (part), 1994).
17A.02.090 Fish and wildlife habitat conservation areas.
"Fish and wildlife habitat conservation areas" are:
1. Those lands in Kittitas County owned or leased by the Washington State Department of
Fish and Wildlife;
2. Those lands donated to or purchased by Kittitas County for corridors pursuant to RCW
36.70A.160;
3. Wetlands;
4. Big game winter range;
5. Riparian habitat;
6. Habitats for species of local importance. (Ord. 94-22 (part), 1994).
17A.02.100 Flood fringe.
The "flood fringe" is the area between the floodway and the boundary of the one-hundred-year
floodplain. The flood fringe encompasses the portion of the floodplain that could be completely
obstructed without increasing the water surface elevation of the one-hundred-year floodplain more
than one foot at any point. (Ord. 94-22 (part), 1994).
17A.02.110 Flood protection elevation.
The "flood protection elevation" is considered under the Kittitas County Flood Damage Prevention
Ordinance #93-18 to be one foot above the base flood elevation. (Ord. 94-22 (part), 1994).
17A.02.120 Floodplain.
The "floodplain" means those lands or areas which are subject to a one percent or greater chance of
flooding in any given year or within the one-hundred-year floodplain. (Ord. 94-22 (part), 1994).
17A.02.130 Floodway.
The "floodway" means the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot. (Ord. 94-22 (part), 1994).
17A.02.140 Frequently flooded area.
"Frequently flooded areas" means the one-hundred-year floodplain, which are lands subject to a one
percent or greater chance of flooding in any given year, as designated by the Federal Emergency
Management Agency Federal Insurance Rate Map for Kittitas County. (Ord. 94-22 (part), 1994).
17A.02.150 Geologically hazardous areas.
"Geologically hazardous areas" are areas that because of their susceptibility to erosion, sliding,
earthquake, or other geological events, are not suited to the siting of major commercial, residential,
or industrial development consistent with public health or safety concerns without proper
engineering consideration and design. The term commercial should not be construed to include
natural resource activities. (Ord. 94-22 (part), 1994).
17A.02.160 Groundwater.
"Groundwater" means all 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, flows, percolates or otherwise moves, as defined in RCW
90.44.035. (Ord. 94-22 (part), 1994).
17A.02.170 Hazardous materials.
"Hazardous materials" is defined identically to the definition contained in state law at RCW
70.102.010. It means those substances or materials identified as such under regulations adopted
pursuant to the Federal Hazardous Materials Transportation Act, the Toxic Substances Control Act,
the Resource Recovery and Conservation Act, the Comprehensive Environmental Response
Compensation and Liability Act, the Federal Insecticide, Fungicide, and Rodenticide Act, the
Occupational Safety and Health Act Hazardous Communications Standards, and the State Hazardous
Waste Act. (Ord. 94-22 (part), 1994).
17A.02.180 Irrigation.
"Irrigation" is the artificial application of water to land, from either surface or groundwater sources.
(Ord. 9422 (part), 1994).
17A.02.190 Irrigation system.
"Irrigation system" means all related water and access rights, structures, and equipment, including
but not limited to standpipes, weir boxes, pipelines, ditches, pump houses, power sources, culverts,
spur lines, laterals, irrigation sprinklers, and any other artificial conveyance of water for agricultural
purposes. Portions of streams utilized for return flows also constitute part of the irrigation system.
(Ord. 94-22 (part), 1994).
17A.02.200 Landslide hazard areas.
"Landslide hazard areas" are geologically hazardous areas subject to severe risk of landslide based
on a combination of geologic, topographic, and hydrologic factors, including bedrock, soil, slope
gradient, slope aspect, geologic structure, groundwater, or other factors. (Ord. 94-22 (part), 1994).
17A.02.210 Mine hazard areas.
"Mine hazard areas" are geologically hazardous areas, directly underlain by, adjacent to, or affected
by abandoned mine workings such as adits, tunnels, ducts or air shafts with the potential for creating
large underground voids susceptible to collapse. Closed and abandoned mines shall be presumed
not hazardous unless specifically identified by the U.S. Department of Mines or other relevant
information. (Ord. 94-22 (part), 1994).
17A.02.220 Native vegetation and fauna.
"Native vegetation and fauna" means plant and animal species which are indigenous to the area or
location in question. (Ord. 94-22 (part), 1994).
17A.02.230 Priority species habitats.
"Priority species habitats" are fish and wildlife habitat conservation areas that include a seasonal
range or habitat element in which a priority species is located, and which, if altered, may reduce the
likelihood that the species will maintain and reproduce over the long term. The Washington State
Department of Wildlife has preliminarily identified priority habitats and species on its maps.
However, the unique land ownership patterns and terrain of Kittitas County result in the majority of
the priority species habitats being located on big game winter range, riparian habitat, and wetlands,
all as defined herein. (Ord. 94-22 (part), 1994).
17A.02.240 Priority animal species.
"Priority animal species" are designated by the state of Washington as endangered, threatened, or
sensitive, pursuant to Chapter 232-12 WAC as of the date of the adoption of the ordinance codified
in this chapter. Priority animal species have a primary association with priority animal species habitat
as defined in Section 17A.02.230. (Ord. 94-22 (part), 1994).
17A.02.250 Riparian habitat.
"Riparian habitat" is an area adjacent to rivers, streams or lakes that contains elements of both
aquatic and terrestrial ecosystems which mutually influence each other. The state of Washington has
adopted a classification system for identifying riparian habitat, WAC 222-16-030, Water Typing
System, Forest Practices Rules. Riparian habitat for purposes of this chapter is deemed to be Type 1,
2, 3, and portions of Type 4 and 5 waters as provided herein, under the state classification system.
(Ord. 95-15 (part), 1995; Ord. 94-22 (part), 1994).
17A.02.260 Seismic hazard areas.
"Seismic hazard areas" are geologically hazardous areas subject to risk of earthquake damage. (Ord.
94-22 (part), 1994).
17A.02.270 Species of local importance.
"Species of local importance" are fish and wildlife species that are of local concern because of their
population status or their sensitivity to habitat manipulation. (Ord. 94-22 (part), 1994).
17A.02.280 Volcanic hazard area.
"Volcanic hazard areas" are geologically hazardous areas that are subject to inundation by
pyroclastic flows, lava flows, inundation by debris flows, mudflows, lahars, or related flooding
resulting from volcanic activity. (Ord. 94-22 (part), 1994).
17A.02.290 Water rights.
"Water rights" are those rights defined in state law, including RCW 90.03.010 and 90.44.035, as well
as those rights subject to adjudication and determined pursuant to the water basin adjudication
generally described as State of Washington v. Acquavella.
In defining water rights for purposes of this critical areas ordinance, no water rights as determined
under state law, including the Acquavella litigation, are available for fish or wildlife habitat, and may
not be considered for purposes of application of this critical areas ordinance.
Water rights and waters covered by the stipulation entered in the Acquavella adjudication, as to all
sub-basins in Kittitas County, dealing with water rights as confirmed for Nondiversionary stock and
wildlife watering shall not be considered for purposes of application of this critical areas ordinance.
The stipulation referred to is incorporated by reference, and set forth as follows for clarity.
1. Waters in natural watercourses in the subbasin shall be retained when naturally
available, in an amount not to exceed 0.25 cubic foot per second (cfs), for stock water
uses in such watercourses as they flow across or are adjacent to lands, which are now
used as pasture or range for livestock. Retention of such water shall be deemed senior
(or first) in priority, regardless of other rights confirmed in this cause. Regulation of
these watercourses by the plaintiff shall be consistent with such retention requirements.
2. Water in natural watercourses in the subbasin shall be retained when naturally available,
in an amount not to exceed 0.25 cubic foot per second (cfs), for wildlife watering uses in
such watercourses as they flow across or are adjacent to lands, which are now used as
pasture or range for wildlife. Retention of such water shall be deemed senior (or first) in
priority.
3. Waters in naturally occurring ponds and springs (with no surface connection to a
stream) in the subbasin shall be retained for stock water uses, when such ponds and
springs are located on or adjacent to lands which are now used as pasture or range for
livestock. Said uses embody entitlement to a level in the water bodies sufficient to
provide water for animals drinking directly therefrom while ranging on riparian lands,
and with the same priority as provided in paragraph 1. Regulation of the ponds and
springs by the plaintiff shall be consistent with such retention requirements.
4. Waters in naturally occurring ponds and springs (with no surface connection to a
stream) in the subbasin shall be retained for wildlife watering uses, when such ponds
and springs are located on or adjacent to lands which are now used as pasture or range
for wildlife. Said uses embody entitlement to a level in the water bodies sufficient to
provide water for wildlife drinking directly therefrom while ranging on riparian lands,
and with the same priority as provided in paragraph 2. Regulation of the ponds and
springs by the plaintiff shall be consistent with such retention requirements.
5. Nothing in this stipulation mandates that any lands, associated with water rights or
water retention as provided herein shall be reserved for wildlife purposes.
(Ord. 94-22 (part), 1994).
17A.02.300 Waters/water typing system.
"Waters" includes all surface waters not otherwise owned pursuant to water rights established under
state law, as defined in Section 17A.02.290. A "water typing system" is a classification system for
certain streams, lakes and ponds. The state of Washington for its purposes has adopted a five-tier
typing system in WAC 222-16-030. For purposes of this chapter, Kittitas County adopts five
classification types. Types 1, 2, 3, 4 and 5 waters are adopted and are classified according to the
following system for the purposes of this chapter:
"Type 1 waters" means all waters, within their ordinary high water mark (OHWM), as inventoried as
"shorelines of the state" under Chapter 90.58 RCW, but not including those waters' associated
wetlands as defined in Chapter 90.58 RCW.
"Type 2 waters" means segments of natural waters not classified as Type 1 and have a high fish,
wildlife, or human use.
"Type 3 waters" means segments of natural waters which are not classified as Type 1 or 2 and have a
moderate to slight fish, wildlife, or human use.
"Type 4 waters" are segments of natural waters within Kittitas County which are not classified as Type
1, 2 or 3 and have a channel width of two feet or more between the ordinary high water marks.*
"Type 5 waters" are segments of natural waters within Kittitas County which are not classified as
Types 1, 2, 3 or 4 waters and have a channel width of two feet between the ordinary high water
marks, including streams with or without well-defined channels.*
*Type 4 and 5 waters are not truly waters, but are waterways which are intermittent in nature and
may be dry beds at any time of the year.
(Ord. 96-14 (part), 1996; Ord. 95-15 (part), 1995; Ord. 94-22 (part), 1994).
17A.02.310 Wetlands.
"Wetland" or "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 nonwetland sites, including, but not limited to, irrigation
and drainage ditches, agricultural fields or areas of agricultural activities that exhibit wetland
characteristics due to the introduction or influence of irrigation waters to those fields, grass-lined
swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape
amenities. The introduction or influence of irrigation waters to agricultural fields or areas of
agricultural activities which cause those areas to exhibit wetland characteristics, even though the
areas were nonwetland sites prior to the introduction or influence of irrigation waters, is defined in
this section. However, wetlands may include those artificial wetlands intentionally created from
nonwetland areas created to mitigate conversion of wetlands, if permitted by the county.
This definition is taken from the statutory definition at RCW 36.70A.030(17). This statutory definition
of wetlands specifically exempts a number of intentionally created wetlands, including but not
limited to those related to irrigation systems. Due to the inherent design of most irrigation systems,
such systems are reasonably and foreseeably expected to result in some leakage or seepage. Such
seepage or leakage is a normal result of utilization of irrigation systems and is deemed for purposes
of this chapter to be an artificial wetland intentionally created from a nonwetland site, and therefore
such areas do not constitute wetlands.
Furthermore, the phrase "normal circumstances" in this definition shall be defined as set forth by the
United States Army Corps of Engineers in its Regulatory Guidance Letter 90-7 dated September 26,
1990, which is incorporated herein by reference. The letter deals with prior converted farmland,
which may have been cropped prior to December 23, 1985. (Ord. 9515 (part), 1995; Ord. 94-22 (part),
1994).
17A.02.320 Wetland buffers.
"Wetland buffers" or "wetland buffer zones" are areas that surround and protect a wetland from
adverse impact to the natural functions and values of the designated wetland. (Ord. 94-22 (part),
1994).
17A.02.330 Wetland replacement ratio.
Wetland replacement ratio refers to the act of providing on-site compensation or mitigation for
disturbed wetlands as a result of development. The replacement ratio is the amount of new wetland
areas required for those disturbed wetlands. The term is used in Section 17A.04.050 in regards to
restoration or creation of wetlands equivalent to or greater than those altered in order to
compensate for wetland loss. (Ord. 94-22 (part), 1994).
Chapter 17A.03
ADMINISTRATION
Sections
17A.03.010 Lands to which this chapter applies.
17A.03.015 Land use activities to which this chapter applies.
17A.03.020 Exempt land use activities.
17A.03.025 Preliminary identification of critical areas - Maps and reference material.
17A.03.030 Conflict between critical areas ordinance and critical areas policy document.
17A.03.035 Critical area checklist and required information.
17A.03.040 Processing of critical areas checklist and information.
17A.03.045 Coordination with the State Environmental Policy Act and other concurrent permitting.
17A.03.050 Appeal deadlines.
17A.03.055 Inventory of available information.
17A.03.060 Request for technical assistance.
17A.03.065 Property rights.
17A.03.070 Conservation moneys.
17A.03.075 Economically feasible mitigation efforts.
17A.03.080 Noncompliance.
17A.03.085 Warning and disclaimer of liability.
17A.03.090 Severability.
17A.03.010 Lands to which this chapter applies.
Lands to which this chapter applies. This chapter applies to lands within unincorporated Kittitas
County, including both Washington State-owned lands and privately owned lands. Application of this
chapter to specific parcels shall be based upon the general guidance of the Kittitas County critical
areas policy document, coupled with the more specific provisions of this critical areas development
ordinance, pursuant to the requirements of Chapter 36.70A RCW. (Ord. 94-22 (part), 1994).
17A.03.015 Land use activities to which this chapter applies.
Land use activities to which this chapter applies.
1. The following land use activities shall be subject to and coordinated with the
requirements of this chapter:
a. Any activity which is not exempt from a threshold determination under the
State Environmental Policy Act, as subject to the threshold exemptions
established by the county SEPA ordinance;
b. Any activity which requires approval through a public hearing process
under county ordinance;
c. Rezones;
d. Long plats;
e. Short plats;
f. Shoreline substantial development permits;
g. Shoreline conditional uses;
h. Shoreline variances;
i. Zoning conditional use permits;
j. Replats;
k. Conversion of forest land to nonforest land uses;
l. Filling and draining of Class 1 - 4 wetlands, except as otherwise provided
herein;
m. New residential building permits on all lots twenty acres or less shall
comply with buffer requirements and restrictions in Chapters
17A.05 and 17A.08;
n. All building permits must comply with Section 17A.05.10, which requires
compliance with the county's flood prevention ordinance;
o. Building permits.
2. Critical area protection which is imposed as a result of any of these listed activities will
not be required until existing and ongoing activities cease to exist. Any construction
related to the permit, including project related movement of dirt, will trigger protection
of critical areas. (Ord. 96-14 (part), 1996; Ord. 95-15 (part), 1995; Ord. 94-22 (part),
1994).
17A.03.020 Exempt land use activities.
Exempt land use activities. The following land use activities are exempt:
1. Land use activities regulated administratively, except as provided in Section
17A.03.015(a) "land use activities to which this chapter applies", including but not
limited to septic tank installation, public or private water conservation projects, and any
land use activity which does not require either public hearing approval or is categorically
exempt under the State Environmental Policy Act.
2. Existing and ongoing agricultural and irrigation activities, including such activities on
land or portions of land subject to the nonexempt activities in Section 17A.03.015(a).
3. Activities involving artificially created habitat, including but not limited to grass-lined
swales, irrigation systems and drainage ditches, farm ponds, detention facilities such as
ponds, and landscape features, including any adjacent riparian habitat created or
resulting from these activities, except for wetlands or habitat areas created as mitigation.
4. Forest practices conducted in accordance with the provisions of Chapter 76.09 RCW and
forest practice regulations Title 222 WAC, and which are exempt from Kittitas County
jurisdiction.
5. Reconstruction as a result of destruction by a natural disaster or disintegration over
time, maintenance, or remodeling of structures, provided that such reconstruction,
maintenance, or remodeling does not involve an expansion of the structure's footprint
when located within a critical area. Any such activity shall nevertheless comply with the
county's flood damage prevention ordinance, No. 93-18.
6. Construction, maintenance, repair, or replacement of Kittitas County permitted or
franchised utility facilities.
7. Educational activities, scientific research, and outdoor recreational activities, including
hunting and fishing.
8. Emergencies that threaten the public health, safety and welfare, including private or
public property.
9. Existing and ongoing natural resource activities.
10. Fencing shall not be required for critical areas protection. (Ord. 95-15 (part), 1995; Ord.
94-22 (part), 1994).
17A.03.025 Preliminary identification of critical areas - Maps and reference material.
Preliminary identification of critical areas - Maps and reference material. Critical areas may be
depicted generally on the Federal Emergency Management Agency's (FEMA) FIRM and floodway
maps; National Wetlands Inventory maps; The Federal Manual for Identifying and Delineating
Jurisdictional Wetlands (1987 revised edition); Washington State Tier Wetlands Rating System as it
pertains to Category I - IV wetlands; Washington State Department of Natural Resources geologic
hazard areas maps; Washington State Department of Natural Resources mine hazard area maps
base; U.S. Bureau of Land Management mine hazard area maps; Washington State Department of
Fish and Wildlife priority habitats and species maps; Washington State Department of Natural
Resources water type maps; U.S.G.S landslide activity and slope maps; U.S. Soil Survey's National
Soils Survey Interpretations Handbook; snow avalanche hazard area maps in the Snoqualmie Pass
Sub-Area Comprehensive Plan; Uniform Building Code seismic risk zone maps.
The dates of all of the foregoing maps shall precede the date of adoption of the ordinance codified
in this chapter. Revised maps as issued by various governmental authorities after the date of
adopting this chapter shall not be utilized as a preliminary source of information until such time as
utilization of such maps are authorized by amendments to this chapter. This chapter is designed to
protect county critical areas based upon the best available information at this time, which
information has been subject to considerable review and comment from the general public as well as
from scientific and technical sources. Utilization of revised maps must be subject to that same
critique prior to adoption by the county.
These maps are used as a general guide to the location and extent of critical areas. Any presumption
created by these maps may be rebutted by a preponderance of the evidence. These maps are also
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. This chapter does not apply if critical areas do not exist on a given parcel. (Ord. 95-15 (part),
1995; Ord. 94-22 (part), 1994).
17A.03.030 Conflict between critical areas ordinance and critical areas policy document.
Conflict between critical areas ordinance and critical areas policy document. The Kittitas county
critical areas policy document, incorporated by reference, is to be used as a general guideline in
administering this chapter. Any inconsistencies between this chapter and the policy document shall
be resolved in favor of this chapter. This chapter was adopted After the policy document was
developed, and benefited from substantial additional technical and public comment. (Ord. 94-22
(part), 1994).
17A.03.035 Critical area checklist and required information.
Critical area checklist and required information. An applicant is required to submit a checklist of
critical area information before commencement of all land use activities which are subject to this
chapter. This information shall be used in processing all other site related development permits and
approvals. Development may be required to be modified or may be conditioned to meet the
requirements of this chapter. The checklist shall contain the following information:
1. Legal description of the land, and assessor's parcel number.
2. As defined herein, the location of the following, if applicable:
a. Wetlands;
b. Erosion hazard areas;
c. Floodplains and floodways;
d. Riparian habitat;
e. Geologically hazardous areas;
f. Landslide hazard areas;
g. Mine hazard areas;
h. Seismic hazard areas;
i. Streams and rivers.
3. Any voluntary methods or activities
4. anticipated by the applicant pertaining to critical areas, including incentives being
offered by local or state government.
5. Duplicate plans drawn to scale showing the nature, location, dimensions and elevations
of the area in question, including existing or proposed structures, estimated amounts of
fill material, drainage facilities, significant natural features, and the location of the above
items, if applicable. Survey quality documents will not normally be required.
6. The requirement for delineating the location of possible critical areas will be waived if
field investigation by county staff indicates the following:
a. Sufficient information exists for staff to estimate the boundaries of any
critical areas without a delineation by the applicant; or
b. No structures and uses, except for exempt activities, are proposed to be
located within any possible critical area.
7. Subject to field investigation by county staff, or other reliable and relevant information,
the information submitted by the applicant shall be presumed valid for all purposes
under this chapter. (Ord. 94-22 (part), 1994).
17A.03.040 Processing of critical areas checklist and information.
Processing of critical areas checklist and information. The Kittitas County planning department shall
serve as the administrative agency for this chapter. All discretionary decisions hereunder shall be
made by the planning director or his designee. The director may consult with other official sources,
including the landowner, to determine the presence of critical areas. Utilization of outside data and
information by either the director or the applicant is permitted by the Kittitas County critical areas
policy document, and may be utilized to verify or dispute the designation or existence of critical
areas on any property.
The critical areas checklist shall be processed concurrently with all other development permits
requested concerning the site. After the application is complete, the director shall make a binding
determination as to whether the parcel contains critical areas. The written determination shall include
findings setting forth the basis for the determination. The written determination shall be made within
fifteen business days of submittal of a complete checklist, together with receipt of the complete
application as to any other related land use permit being requested for the parcel.
The director's decision may be appealed by the applicant to the Kittitas County board of
commissioners, except that if the underlying permits require processing by any other decisionmaker,
such as the Kittitas County planning commission, or Hearing Examiner, the appeal shall lie to that
body. That body shall either make a final decision, or a recommendation to the board of
commissioners, consistent with the nature of the underlying permit, concerning the critical areas
designation and related mitigation. The decision or recommendation shall be coordinated with the
decisionmaker's final decision or recommendation on the underlying permit. If the board of county
commissioners does not have jurisdiction to review the underlying permit, such as a conditional use
permit granted by a Hearing Examiner and appealable directly from that board to superior court, the
board of county commissioners shall nevertheless have jurisdiction of all appeals under this critical
areas ordinance which de novo appeal shall be heard prior to the need to file an appeal on the
underlying permit in superior court. (Ord. 2012-009, 2012; Ord. 94-22 (part), 1994).
17A.03.045 Coordination with the State Environmental Policy Act and other concurrent
permitting.
Coordination with the State Environmental Policy Act and other concurrent permitting. The director
shall coordinate application of the critical areas ordinance with any required SEPA review and the
processing of any other associated permits. Any required critical areas mitigation shall be separate
from SEPA conditions imposed as part of a threshold determination. The objective is to provide a
concurrent, coordinated, and consistent review of development activities within critical areas, without
creating another regulatory review or appeal process. (Ord. 94-22 (part), 1994).
17A.03.050 Appeal deadlines.
Appeal deadlines. All appeals of the director's decision concerning critical area designation or other
discretionary decision making under this chapter shall utilize the same timelines for appeals related
to any underlying permits. In the event there is no underlying permit, or the appeal deadline is not
clear from other county ordinances, appeals must be filed with the board of commissioners no more
than twenty business days following the date of mailing the decision to the applicant. All appeals
shall be de novo, and conducted by the board of commissioners at a public hearing no later than a
month following the filing of the appeal, with issuance of a decision no more than ten business days
from the public hearing, or as otherwise agreed by the appellant and the board. The board's decision
shall be final, subject to appeal to superior court. (Ord. 94-22 (part), 1994).
17A.03.055 Inventory of available information.
Inventory of available information. The Kittitas County planning department shall maintain an
inventory of available information which shows the location, referenced in this chapter, of critical
areas. This information shall be made available to the public. The planning department shall prepare
materials which enable citizens to clearly understand the location of critical areas on and adjacent to
their property, and what obligations, rights and opportunities they have regarding such lands. (Ord.
94-22 (part), 1994).
17A.03.060 Request for technical assistance.
Request for technical assistance. Kittitas County shall enlist, as much as practicable, technical
assistance to help those wishing to develop land that contains, or potentially contains any of the
various critical areas defined by the critical areas policy document. Such help shall be aimed at
addressing mitigation of such adverse effects of said development that the county deems to be
important in the context of this document. (Ord. 94-22 (part), 1994).
17A.03.065 Property rights.
1. All regulatory or administrative actions taken pursuant to this chapter shall not result in
an unconstitutional taking of private property, and shall not expand or reduce the scope
of private property protections provided in the state and federal constitutions. This
chapter shall not prohibit uses permitted prior to its adoption and shall remain in effect
until the county adopts development regulations pursuant to RCW 36.70A.120.
Classifying or designating critical areas does not imply a change in the landowner's right
to use his or her land under current law.
2. In applying this chapter, the planning department shall refer to relevant legal authorities
at all levels of government, including federal and state constitutions, federal and state
statutes, federal and state administrative regulations, and judicial interpretations
thereof. The application and administration of this chapter shall assure that proposed
regulatory or administrative actions do not unconstitutionally infringe upon private
property rights; and are not arbitrary or discriminatory.
3. Periodic reports shall be made at least annually to the board of county commissioners
by the planning director and prosecuting attorney concerning county compliance with
constitutional and judicial requirements. The planning director shall immediately advise
the board should any provisions of this chapter in his opinion be in violation of state or
federal constitutional requirements, or recent court decisions, and whether the provision
is required by the state of Washington or discretionary with the county. If the provision
which generates concern is a requirement of the state, the board of county
commissioners shall immediately advise the appropriate state department or agency. If
the provision is discretionary with the county, the board of commissioners shall
promptly schedule a public hearing to consider the ordinance provision or policy. (Ord.
94-22 (part), 1994).
17A.03.070 Conservation moneys.
Kittitas County shall examine the feasibility of enhancement moneys for fish and wildlife habitat
conservation areas and wetlands. These programs at a minimum should provide conservation
moneys for habitat and wetland enhancement, the exemption and/or reduction of habitats and
wetlands and their buffers from the usual rate of local property tax, and a penalty system for
withdrawal. These programs shall include an element whereby the Kittitas County actively
participates in the acquisition of state, federal, or private funds or materials for landowners. Lastly,
the programs should have an element for landowners who may volunteer to provide fish and wildlife
habitat conservation areas or wetlands if they are not required to do so, and receive benefits as
outlined in this proposal. (Ord. 94-22 (part), 1994).
17A.03.075 Economically feasible mitigation efforts.
Economically feasible mitigation efforts. Kittitas County shall encourage economically feasible
mitigation efforts when protecting critical areas. (Ord. 94-22 (part), 1994).
17A.03.080 Noncompliance.
Any person who engages in work at a project site within a critical area and (1) fails to comply with
this chapter; or (2) fails to comply with any permit condition required pursuant to this chapter shall
be subject to enforcement proceedings and sanctions as specified in the Kittitas County zoning or
code enforcement ordinances. (Ord. 94-22 (part), 1994).
17A.03.085 Warning and disclaimer of liability.
The degree of hazard protection required by this chapter is considered reasonable for mandatory
regulatory purposes under Chapter 36.70A RCW. These provisions are based on scientific and
engineering considerations, and extensive public comment. Catastrophic natural disasters can, and
will, occur on rare occasions. This chapter does not imply that land outside the designated critical
areas or activities permitted within such areas will be free from exposure or damage. This chapter
shall not create liability on the part of Kittitas County, and officers or employees thereof, for any
damages that result from reliance on this chapter or any administrative decision lawfully made
hereunder. (Ord. 94-22 (part), 1994).
17A.03.090 Severability.
If any section, subsection, sentence, clause, phrase, part or portion of this chapter is for any reason
held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this chapter or the application of the provision to
other persons or circumstances. (Ord. 94-22 (part), 1994).
Chapter 17A.04
CRITICAL AREAS DESIGNATION AND DEVELOPMENT STANDARDS
Sections
17A.04.010 Wetlands.
17A.04.015 No net loss of wetland areas.
17A.04.020 Buffer width requirements.
17A.04.025 Wetland buffer ranges.
17A.04.030 Wetland buffer averaging.
17A.04.035 Natural condition of wetland buffer.
17A.04.040 Allowed uses.
17A.04.045 Building setback lines from wetland buffers.
17A.04.050 Wetland replacement ratios.
17A.04.010 Wetlands.
Wetlands in Kittitas County are defined in Section 17A.02.310 and classified in four categories:
Category I (extreme high value), Category II (high value), Category III (average value), Category IV
(less than average value). Critical area wetlands in Kittitas County are defined as Category I, Category
II, Category III and Category IV wetlands as determined by the planning manager.
Category IV wetlands may be determined by the director to constitute a critical area based upon
application of the criteria in this chapter. (Ord. 95-15 (part), 1995; Ord. 94-22 (part), 1994).
17A.04.015 No net loss of wetland areas.
Kittitas County shall require, to the extent practical, and except for Category IV wetlands, a zero net
loss of natural wetlands functions and values together with, if reasonably possible through voluntary
agreements or government incentives, a gain of wetlands in the long term. (Ord. 94-22 (part), 1994).
17A.04.020 Buffer width requirements.
Wetland buffer requirements apply to all nonexempt activities on regulated wetlands. All wetland
buffers shall be measured from the wetland boundary.
Category Size of Wetland Required Buffer
I any size 50 - 200 feet
II over 2,000 sq. ft. 25 - 100 feet
III over 10,000 sq.
ft.
20 - 80 feet
IV* 43,560 sq. ft. (1
acre)
Building setbacks will be determined by the zoning lot line
setbacks, but shall not exceed 25 feet.
*Includes only nonirrigation induced or enhanced Category IV wetlands. Irrigation water does influence ground water
table elevations in Kittitas County.
(Ord. 96-14 (part), 1996; Ord. 95-15 (part), 1995; Ord. 94-22 (part), 1994).
17A.04.025 Wetland buffer ranges.
The wetland buffer ranges have been established to reflect the impact of certain intense land uses on
wetland function and values. The director shall base the buffer size on the following criteria and shall
establish the least restrictive width of buffer necessary to account for all of the following
considerations:
1. The overall intensity of the proposed use;
2. The presence of threatened, endangered, or sensitive species;
3. The site's susceptibility to severe erosion;
4. The use of a buffer enhancement plan by the applicant which uses native vegetation or
other measures which will enhance the functions and values of the wetland or buffer.
(Ord. 94-22 (part), 1994).
17A.04.030 Wetland buffer averaging.
Wetland buffers may be modified by averaging buffer widths. Wetland buffer width averaging shall
be allowed only where the applicant demonstrates that the following exists:
1. That averaging is necessary to avoid an extraordinary hardship to the applicant caused
by circumstances peculiar to the property;
2. That the wetland contains variations in sensitivity due to existing physical characteristics;
3. That the proposed use would be located adjacent to areas where buffer width is
reduced, and that such land uses are low in impact;
4. That width averaging will not adversely impact wetland function and values. (Ord. 9422
(part), 1994).
17A.04.035 Natural condition of wetland buffer.
Natural condition of wetland buffer. Wetland buffer areas shall be retained in their natural condition
or may be improved to enhance buffer functions and values. Where buffer disturbance has occurred
during construction, revegetation with native vegetation may be required. The Kittitas County
noxious weed ordinance shall be adhered to. (Ord. 94-22 (part), 1994).
17A.04.040 Allowed uses.
In addition to exempt activities otherwise identified herein, the following activities are allowed to
occur on wetland and wetland buffer areas: nonmotorized outdoor recreational activities including
hunting and fishing; educational activities; existing and ongoing agricultural activities, silviculture and
mining; and maintenance of existing facilities, structures, ditches, roads, bridges and other utility
systems. Up to two acres of Class IV wetlands may be filled, drained or modified with no approval
required from the planning manager. If more than two acres of Class IV wetlands are filled, drained
or modified, approval of the planning manager is required. Such development activity shall provide
mitigation in accordance with Section 17A.04.050 for that portion of the wetland fill or modification
that exceeds two acres. Category IV wetlands may be used for secondary stormwater management
facilities having no reasonable alternative on-site location, provided there is no significant adverse
impact to the functions and values of those wetlands. (Ord. 95-15 (part), 1995; Ord. 94-22 (part),
1994).
17A.04.045 Building setback lines from wetland buffers.
A building setback line equal to the side yard setback requirement of the applicable zoning district is
required from the edge of any wetland buffer. Minor intrusions into the area of the building setback
may be allowed if the director determines that such intrusions will not negatively impact the wetland.
The setbacks shall be shown on all site plans submitted with the application. (Ord. 94-22 (part),
1994).
17A.04.050 Wetland replacement ratios.
Wetland replacement ratios are expressed in gross area required for replacement. The actual
replacement, enhancement or rehabilitation of wetlands shall be determined by the director and
meet all applicable standards for such. Replacement areas shall be determined according to function,
acreage, type, location, time factors, ability to be self sustaining and projected success. Wetland
functions and values shall be calculated using the Kittitas County critical areas policy document and
the professional judgment of the director.
Category of Wetland Replacement Ratio
I 3:1
II 2:1
III 1.5:1
IV 1:1 for the portion of a
wetland fill or modification
(Ord. 96-14 (part), 1996; Ord. 95-15 (part), 1995; Ord. 94-22 (part), 1994).
Chapter 17A.05
FREQUENTLY FLOODED AREAS
Sections
17A.05.010 County flood prevention ordinance.
17A.05.015 Delineated floodplain boundaries on preliminary plats.
17A.05.020 No net loss of floodplain storage.
17A.05.010 County flood prevention ordinance.
The Kittitas County Flood Prevention Ordinance No. 93-18 is hereby adopted by reference as the
development regulation for all uses defined in this chapter and in the Kittitas County critical areas
policy document. (Ord. 94-22 (part), 1994).
17A.05.015 Delineated floodplain boundaries on preliminary plats.
All preliminary plats must clearly delineate the one-hundred-year floodplain boundary, according to
the FEMA Flood Insurance Rate Map. (Ord. 94-22 (part), 1994).
17A.05.020 No net loss of floodplain storage.
1. A no net loss of floodplain storage concept shall be incorporated in all new construction
on existing lots and all future development on the following rivers, streams and lakes,
which are designated as "shorelines of the state" under 90.58 RCW and listed
under 173-18-230 WAC:
Stream Legal Description
Big Creek From the Wenatchee National Forest boundary downstream
to mouth on Yakima River.
Cabin Creek From the Wenatchee National Forest boundary downstream
to mouth on Yakima River.
Cle Elum River From the Wenatchee National Forest boundary crossing Cle
Elum Lake downstream to mouth on Yakima River.
Columbia River From Chelan County line on the Columbia River downstream
along the Douglas and Kittitas County line to Yakima
County.
Kachess River From the Wenatchee National Forest downstream through
Lake Easton State Park and to mouth on Yakima River.
Little Creek From the Wenatchee National Forest boundary downstream
to mouth on Yakima River.
Log Creek From confluence of Log Creek and unnamed creek
downstream to mouth of Cabin Creek.
Manastash Creek From confluence of North and South Forks Manastash Creek
downstream to mouth on Yakima River.
Manastash From the Wenatchee National Forest Creek south boundary
downstream to mouth on Manastash Creek.
Swauk Creek From the Wenatchee National Forest boundary downstream
to mouth on Yakima River.
Taneum Creek From the Wenatchee National Forest boundary downstream
to mouth on Yakima River.
Teanaway River From the confluence of the Middle Fork and the West Fork
Teanaway River downstream to Yakima River.
Teanaway River From the Wenatchee National Forest (Middle Fork) boundary
downstream to mouth on Teanaway River.
Teanaway River From the Wenatchee National Forest (North Fork) boundary
downstream to the Teanaway River.
Teanaway River From the Wenatchee National Forest (West Fork) boundary
downstream to the Teanaway River.
Wilson Creek From mouth at Naneum Creek downstream to mouth on
Yakima River.
Yakima River From the Wenatchee National Forest boundary downstream
to the Yakima County line.
Little Nachess River From the confluence of the North Fork and Middle Fork of
Little Nachess River downstream left bank to mouth of
Nachess River.
2. Lakes
Manastash Lake
Easton Lake
Lost Lake
Cooper Lake
Tucquala Lake
3. Additional streams or lakes may be added to this section by the director, for the
protection of critical areas based upon the following criteria:
a. History of flood damage;
b. Stream channel instability and susceptibility to erosion;
c. Floodplain width.
Floodplain storage shall be maintained on each parcel subject to this
chapter. Insignificant loss of floodplain storage associated with residential
developments and associated buildings on these parcels should not exceed
ten cubic yards. If parcel conditions are such that compliance with the
section is unreasonable, the director may determine the extent to which a
development must comply. (Ord. 94-22 (part), 1994).
Chapter 17A.06
GEOLOGICALLY HAZARDOUS AREAS
Sections
17A.06.010 Repealed.
17A.06.015 Areas requiring specialized engineering.
17A.06.020 Natural resource based activities.
17A.06.025 Areas of snow avalanche hazards - Snoqualmie Pass.
17A.06.030 Siting of structures on mine hazard areas.
17A.06.035 Disposal of volcanic ash fallout.
17A.06.010 Repealed. (Ord. 2015-010, 2015; Ord. 94-22(part), 1994)
17A.06.015 Areas requiring specialized engineering.
Areas identified as high risk erosion/landslide geologic hazard areas including cliff or talus slopes,
may require specialized engineering to ascertain the property is suitable for development purposes.
The Director or Building Official is authorized to require such engineering. (Ord. 2015-010, 2015; Ord.
94-22 (part), 1994).
17A.06.020 Natural resource based activities.
Natural resource based activities shall not be unduly restricted or prohibited in areas of known
geologic hazards. (Ord. 94-22 (part), 1994).
17A.06.025 Areas of snow avalanche hazards - Snoqualmie Pass.
In conjunction with the International Building Code, Kittitas County shall enforce the policies
contained within the Snoqualmie Pass Sub-Area Comprehensive Plan for avalanche hazard areas.
(Ord. 2015-010, 2015; Ord. 94-22 (part), 1994).
17A.06.030 Siting of structures on mine hazard areas.
Siting of structures on known mine hazard areas should be avoided. (Ord. 9422 (part), 1994).
17A.06.035 Disposal of volcanic ash fallout.
Intentional disposal of volcanic ash fallout into any bodies of water shall not be allowed. (Ord. 94-22
(part), 1994).
Chapter 17A.07
HABITAT
Sections
17A.07.010 Riparian habitat.
17A.07.015 Designation of big game winter range.
17A.07.020 Priority species habitat.
17A.07.025 Habitats for species of local importance.
17A.07.030 Species of local importance.
17A.07.010 Riparian habitat.
1. Riparian Habitat Critical Areas shall constitute Type 1, 2 and 3, including portions of
Type 4 and 5 waters at the intersecting points with a Type 1, 2, or 3 waters. Type 4
waters will be designated a critical area for a distance of forty to five hundred feet. Type
5 waters shall be designated a critical area where it is located within the buffers for
Types 1, 2 or 3 waters, as determined by the planning manager.
2. Performance Standards Buffers.
Type 1 waters 40-200 feet from OHWM.
Type 2 waters 40-100 feet from OHWM.
Type 3 waters 20- 50 feet from OHWM.
Type 4 waters 10- 20 feet from the intersection with a Type 1, 2 or 3 water for a
distance of 40 to 500 feet. From the point at which the buffer
ends (40 - 500 feet upstream from the confluence), there shall be
a 15-foot structural setback from the ordinary high water mark.
Type 5 waters None required (buffering will be provided by the Type 1, 2 or 3
waters' buffers). Note: Building setbacks from a Type 5 water
will be 15 feet, unless a buffer greater than or equal to the 15-
foot setback is in place.
3. Additional buffers may be approved by ordinance for habitats for species of local
importance.
4. Criteria for Buffer Ranges. The riparian habitat buffer ranges above have been
established to reflect the impact of certain intense land uses on riparian habitat
functions and values. The director shall base a buffer size on the following criteria and
shall establish the least restrictive width of buffer necessary to accommodate the
following considerations:
a. Overall intensity of the proposed use;
b. The presence of a threatened, endangered or sensitive species or
anadromous fish;
c. The shoreline's historical and current susceptibility to severe erosion,
channel instability, or aggrading;
d. The presence of multiple channels or islands;
e. Use by the applicant of a buffer enhancement plan;
f. The width of a stream or river and the surface area and depth of a lake.
5. Criteria for Buffer Averaging. The director may average buffer widths on riparian habitat
buffers. Buffer width averaging shall be allowed only where the applicant demonstrates
the following exist:
a. That averaging is necessary to avoid an extraordinary hardship to the
applicant caused by circumstances peculiar to the property;
b. That the riparian habitat contains variations in sensitivity due to existing
physical characteristics;
c. That the proposed use would be located adjacent to areas where buffer
width is reduced, and that such land uses will not have a significant adverse
impact to the habitat and its buffer;
d. That buffer width averaging will not adversely impact riparian habitat
functions and values.
6. Natural Condition of Riparian Habitat Buffer. Riparian habitat buffer areas shall be
retained in their natural condition or may be improved to enhance buffer functions and
values. Where buffer disturbance has occurred during construction, revegetation with
native vegetation may be required. The Kittitas County noxious weed ordinance shall be
adhered to.
7. Allowed Uses. Allowed uses are exempt activities and activities deemed by the
administrator to be consistent with the purpose and function of the habitat buffer and
which do not cause a significant adverse impact to the habitat and its buffer based on
sensitivity of the habitat including but not limited to stock watering, utilization of water
rights, trails, recreational uses, hunting, and fishing. (Ord. 96-14 (part), 1996; Ord. 95-15
(part), 1995; Ord. 94-22 (part), 1994).
17A.07.015 Designation of big game winter range.
Big game winter range constitutes all federal land and all land owned or leased by the Washington
State Department of Fish and Wildlife. The existing range conservation and management program of
the State Department of Fish and Wildlife is long established and relies upon voluntary agreements
with landowners together with state purchase of appropriate lands.
Land use activities subject to this critical ordinance continue to be subject to input from the
Department of Fish and Wildlife, including SEPA comment. County administrative practices will be
revised to solicit comment from the Fish and Wildlife Department concerning short plats and replats,
for which comment is currently not requested. The existing comment process and SEPA review will
complement the existing efforts to protect winter range and wildlife habitat, without creating a
duplicate level of regulatory review. (Ord. 94-22 (part), 1994).
17A.07.020 Priority species habitat.
1. Designation of habitat under this section will only occur if the threatened, endangered,
or sensitive priority species is not located in a riparian habitat, floodplain, or wetland,
which is dealt with elsewhere in this chapter. To the extent not otherwise protected
under this chapter, the area designated shall be the mapped location of a threatened,
endangered, or sensitive priority species.
2. Performance Standards. Protective measures for the designated area shall be
determined by reference to applicable state and federal law for the protection of
threatened, endangered, or sensitive priority species. (Ord. 94-22 (part), 1994).
17A.07.025 Habitats for species of local importance.
1. These habitats may be identified from time to time, resulting in amendment of this
chapter. Residents of the county may from time to time identify and nominate for
consideration such habitats, and shall have the burden of presenting evidence
concerning the criteria set forth below. The nomination shall be forwarded by the
planning department for consideration to the Kittitas planning commission, which shall
make a recommendation to the Kittitas County board of commissioners.
Nomination and consideration of habitats for species of local importance shall
consider the following:
a. A seasonal range or habitat element which if altered may reduce the
likelihood that the species will maintain or reproduce over the long term;
b. Areas of high relative density or species richness, breeding habitat, winter
range, and movement corridors;
c. Habitat with limited availability or high vulnerability to alteration;
d. Whether these habitats are already identified and protected under the
provisions of this or other county ordinances or state or federal law.
2. At the time of amendment adoption designating habitat for species of local importance,
the county shall also adopt performance standards based upon recommendations from
county residents and appropriate government agencies. (Ord. 94-22 (part), 1994).
17A.07.030 Species of local importance.
1. These species may be identified from time to time, resulting in amendment of this
chapter. Residents of the county may from time to time identify and nominate for
consideration such species, and shall have the burden of presenting evidence
concerning the criteria set forth below. The nomination shall be forwarded by the
planning department for consideration to the Kittitas County planning commission,
which shall make a recommendation to the Kittitas County board of commissioners.
The nomination and the decision shall consider:
a. Concern due to population status; or
b. Sensitivity to habitat manipulation.
2. At the time of adoption of a species of local importance, the Kittitas County board shall
also adopt performance standards based upon recommendations from county residents
and appropriate government agencies. (Ord. 9422 (part), 1994).
Chapter 17A.08
AQUIFER RECHARGE AREAS
Sections
17A.08.010 Designation of aquifer recharge areas.
17A.08.015 Hazardous materials.
17A.08.020 On-site sewage disposal regulations.
17A.08.025 Wellhead protection areas.
17A.08.010 Designation of aquifer recharge areas.
No critical aquifer recharge locations have been identified in Kittitas County. If highly vulnerable
recharge areas are identified, studies will be initiated to determine if ground water contamination
has occurred. Future classification of these areas will include consideration of the degree to which
the aquifer is used as a potable water source, feasibility of protective measures to preclude further
degradation, availability of treatment measures to maintain potability, and availability of alternative
potable water sources.
Current county regulations are incorporated by reference and will adequately protect aquifer
recharge areas until such time as additional information indicates the need for further studies. (Ord.
94-22 (part), 1994).
17A.08.015 Hazardous materials.
Proposals falling under the provisions of Section 17A.03.015 and which deal with hazardous materials
which may contaminate ground or surface water shall comply with all applicable federal and state
laws and regulations, and shall demonstrate said compliance to the planning director. To the extent
such proposals are not otherwise regulated under state and federal law, the applicant shall submit a
hazardous materials plan, developed in consultation with the Kittitas County environmental health
department. At a minimum, the hazardous materials plan shall include:
1. A description of operations and identify hazardous materials which may be used with
the proposal;
2. Description of how hazardous materials will be handled on site;
3. Description of containment for hazardous material;
4. A site map showing the location of the facility, property boundaries, locations of
hazardous materials, and other features of the site;
5. Secondary containment for wastewater, fuels, and other materials deemed by the
Kittitas County environmental health and solid waste departments to pose a significant
adverse impact on ground or surface water;
6. The use of monitoring to ensure that the hazardous materials do not leak or
contaminate ground or surface water;
7. The use of settling ponds, restrictions on off-site discharge, biofiltration or other
methods deemed by the Kittitas County planning department and/or Kittitas County
environmental health and solid waste departments necessary to prevent a significant
adverse impact on ground or surface water;
8. Setbacks for materials considered by the Kittitas County planning department, Kittitas
County environmental health and solid waste departments, or the Kittitas County fire
marshal to pose a significant adverse impact on ground or surface water. (Ord. 94-22
(part), 1994).
17A.08.020 On-site sewage disposal regulations.
Please refer to KCC chapter 13.04 "Location Section"
(Ord. 2014-015, 2014; Ord. 94-22 (part), 1994).
17A.08.025 Wellhead protection areas.
Refer to KCC chapter 13.20.040 (5)
(Ord. 2014-015, 2014; Ord. 9422 (part), 1994).
Chapter 17A.55
CAZ COMMERCIAL AGRICULTURAL ZONE AND CAZO COMMERCIAL
AGRICULTURAL ZONE OVERLAY
(Repealed by Ord. 98-13)
1
ADOPTED
Kittitas County Critical Areas regulations
Table of Contents
Chapter 17A.01 ...................................................................................................................................... 4
17A.01.010 Purpose and Intent ......................................................................................................... 4
17A.01.020 Authority .......................................................................................................................... 4
17A.01.030 Applicability ..................................................................................................................... 5
17A.01.040 Regulated Development and Alterations ....................................................................... 5
17A.01.050 Exemptions ..................................................................................................................... 5
17A.01.060 Exceptions ...................................................................................................................... 8
17A.01.070 Non-Conforming Lots, Structures, and Uses ............................................................. 9
17A.01.080 Critical Areas Reports ............................................................................................... 10
17A.01.090 General Protective Measures ................................................................................ 11
17A.01.100 Critical Areas Mitigation ................................................................................................ 12
17A.01.110 Review Process ......................................................................................................... 14
17A.01.120 Relationships to Other Regulations .............................................................................. 16
17A.01.130 Best Available Science ................................................................................................. 16
17A.01.150 Critical Areas Report Review and Determination ......................................................... 16
17A.01.170 Enforcement.................................................................................................................. 17
17A.01.190 Severability ................................................................................................................... 18
Chapter 17A.02 DEFINITIONS ........................................................................................................... 19
17A.02.010 Generally. .................................................................................................................. 19
Chapter 17A.03 .................................................................................................................................... 34
CRITICAL AQUIFER RECHARGE AREAS (CARAs) ......................................................................... 34
17A.03.010 Purpose and Intent. ...................................................................................................... 34
17A.03.020 Designation, and Mapping. ........................................................................................... 34
17A.03.030 Applicability................................................................................................................ 34
17A.03.040 Protection Standards. ............................................................................................ 34
17A.03.050 Reporting. .................................................................................................................. 35
Chapter 17A.04 .................................................................................................................................... 37
FISH AND WILDLIFE HABITAT CONSERVATION AREAS ............................................................... 37
17A.04.010 Purpose and Intent. ............................................................................................... 37
17A.04.020 Designation, and Mapping, and Classification. ......................................................... 37
2
17A.04.030 Riparian Management Zones and Buffers. ............................................................... 38
17A.04.040 General Protection Standards. .................................................................................. 40
17A.04.050 Permitted Alterations and Development. .................................................................. 41
17A.04.060 Reporting. .................................................................................................................. 43
17A.04.070 Mitigation Requirements. .......................................................................................... 44
Chapter 17A.05 .................................................................................................................................... 46
FREQUENTLY FLOODED AREAS ..................................................................................................... 46
17A.05.010 Purpose and Intent. ................................................................................................... 46
17A.05.020 Classification, designation, and Mapping. ................................................................ 46
17A.05.030 Protection Standards. ................................................................................................ 46
17A.05.040 Reporting. .................................................................................................................. 46
17A.05.050 Compensatory Mitigation Requirements. .................................................................. 47
Chapter 17A.06 .................................................................................................................................... 49
GEOLOGICALLY HAZARDOUS AREAS .......................................................................................... 49
17A.06.010 Purpose and Intent ................................................................................................ 49
17A.06.020 Designation, Classification, and Mapping ................................................................. 49
17A.06.030 General Protection Standards ................................................................................... 51
17A.06.040 Landslide Hazard Area Standards ............................................................................ 52
17A.06.050 Erosion Hazard Area Standards ................................................................................... 53
17A.06.060 Alluvial Fan Hazard Standards.................................................................................. 54
17A.06.070 Seismic Hazard Standards ........................................................................................ 55
17A.06.080 Volcanic Hazard Areas .............................................................................................. 55
17A.06.090 Mine Hazard Areas .................................................................................................... 55
17A.06.100 Reporting ................................................................................................................... 55
Chapter 17A.07 .................................................................................................................................... 57
WETLANDS ......................................................................................................................................... 57
17A.07.010 Purpose and Intent ................................................................................................ 57
17A.07.020 Designation, Mapping, Delineation, and Categorization ........................................... 57
17A.07.030 Buffers ....................................................................................................................... 58
Table 17A.07.030: Standard Buffer Widths .................................................................................. 59
17A.07.040 General Protection Standards ................................................................................... 61
17A.07.050 Alterations and Development Permitted without a Critical Areas Report ................. 61
17A.07.060 Reporting ................................................................................................................... 61
17A.07.070 Mitigation Requirements ........................................................................................... 62
Table 17A.07.070.6: Wetland Mitigation Ratios ........................................................................... 63
3
4
Chapter 17A.01
GENERAL PROVISIONS
Sections:
17A.01.010 Purpose and Intent
17A.01.020 Authority
17A.01.030 Applicability
17A.01.040 Regulated Alterations and Development
17A.01.050 Exemptions
17A.01.060 Exceptions
17A.01.070 Non-Conforming Structures and Uses
17A.01.080 Critical Areas Reports
17A.01.090 General Protective Measures
17A.01.100 Critical Areas Mitigation
17A.01.110 Review Process
17A.01.120 Relationships to Other Regulations
17A.01.130 Best Available Science
17A.01.140 Variances
17A.01.150 Enforcement
17A.01.160 Severability
17A.01.010 Purpose and Intent
The purpose of this Title is to establish regulations pertaining to development which protect
designated critical areas, as defined by the Washington State Growth Management Act (GMA)
(RCW 36.70A). The GMA requires the use of “best available science,” also as defined in that law, to
establish local regulations which protect critical areas. GMA-designated critical areas, all of which
are present in Kittitas County, include: Critical aquifer recharge areas, fish and wildlife habitat
conservation areas, frequently flooded areas, geologically hazardous areas, and wetlands. The
regulations of this Title are intended to:
1. Prevent degradation of critical areas;
2. Conserve, protect, and; where feasible, restore critical areas and their functions and values;
3. Protect unique, fragile and/or valuable elements of the environment, including ground and
surface waters, anadromous fish species, and other fish and wildlife and their habitats;
4. Protect the public health, safety, and general welfare from hazards associated with critical
areas;
5. Further the goals and objectives of the Kittitas County Comprehensive Plan and all of its
elements;
6. Implement the goals and requirements of the Washington Growth Management Act (RCW
Chapter 36.70A);
7. Allow for reasonable use of all properties in Kittitas County.
17A.01.020 Authority
1. As provided herein, the Director or his/her designee is given the authority to interpret and
apply, and the responsibility to enforce this Title to accomplish the stated purpose.
2. The County may withhold, condition, or deny permits and/or approvals for development and
alterations to ensure that the proposed development is consistent with this Title.
5
17A.01.030 Applicability
1. Except as provided in subsection 3 and 4 below, the provisions of this Title shall apply to any
alteration or development within the unincorporated portion of Kittitas County, and outside of
Shoreline jurisdiction, as determined by the Shoreline Master Program (KCC Title 17B). No
development shall be constructed, located, extended, modified, converted, or altered, or land
subdivided without full compliance with this Title.
2. Compliance with these regulations does not remove an applicant’s obligation to comply with
applicable provisions of any other Federal, State, or local law or regulation.
3. Private lands where existing agricultural activities are conducted, as defined in RCW
90.58.065, within the Upper Yakima and Alkali-Squilchuck WRIAs are managed by the
Kittitas County Voluntary Stewardship Program (VSP), and not regulated by this Title.
4. Any activities, alterations or development located within any Shoreline of the State within the
unincorporated portion of Kittitas County are subject to the provisions of the Shoreline
Master Program (KCC Title 17B) and not this Title.
17A.01.040 Regulated Development and Alterations
The following development and alterations are regulated within critical areas and their riparian
management zones and/or buffers, unless exempt by KCC 17A.01.050:
1. Removing, excavating, disturbing, or dredging soil, sand, gravel, minerals, organic matter, or
materials of any kind;
2. Dumping, discharging, or filling;
3. Draining, flooding, or disturbing the water level or water table;
4. Driving piling or placing obstructions, including placement of utilities;
5. Constructing, reconstructing, demolishing, or altering the size of any structure or
infrastructure;
6. Altering the character and/or functions and values of a regulated area by destroying or
altering vegetation through clearing, harvesting, cutting, intentional burning, shading, or
planting;
7. The division of land pursuant to KCC Title 16; and
8. The creation of impervious surfaces regulated under KCC 12.06.
17A.01.050 Exemptions
1. Exemption Request and Review Process. The proponent of the alteration or development
may submit a written request for Determination of exemption eligibility to the director that
describes the alteration or development and states the exemption listed in this section that
applies. The purpose of a Determination of exemption eligibility is to provide, at the
applicant’s request, a written record documenting that a proposed alteration or development
is, in fact, an exempt activity under the provisions of this Chapter.
The director shall review the exemption request to verify that it complies with this chapter
and approve, approve with conditions, or deny the exemption. If the exemption is approved,
it shall be placed on file with KCCDS. If the exemption is denied, the proponent may continue
in the review process and shall be subject to the requirements of this chapter.
2. Exempt Alterations and Development and Impacts to Critical Areas. All exempted
alterations or development shall use reasonable methods to avoid potential impacts to critical
areas and their buffers. To be exempt from this Title does not give permission to degrade a
critical area or its buffer or ignore risk from natural hazards. Any incidental damage to, or
alteration of, a critical area or its buffer that is not a necessary outcome of the exempted
alteration or development shall be restored, rehabilitated, or replaced at the responsible
party’s expense.
3. Exempt Alterations and Development. The following alterations and developments and
uses shall be exempt from the provisions of this Title:
a. Emergencies. Those alterations or developments necessary to prevent an
immediate threat to public
6
health, safety, or welfare, or that pose an immediate risk of damage to private
property and that require remedial or preventive action in a timeframe too short to
allow for compliance with the requirements of the critical areas regulations, provided
that:
i. The emergency action shall have the least possible impacts to the critical
area and its buffer as is reasonably judged in real time while still adequately
addressing the emergency situation;
ii. The person or authorized representative of the agency undertaking such
action shall notify the County within one (1) working day following
commencement of the emergency alteration or development. Within thirty
(30) days, the Director shall determine if the action taken was within the
scope of the emergency actions allowed in this Subsection. If the Director
determines that the action taken, or any part of the action, was beyond the
scope of an allowed emergency action, then the enforcement provisions of
KCC 17A.01.150 shall apply; and
iii. After the emergency, the person or authorized representative of the agency
undertaking the action shall fully fund and conduct necessary restoration
and/or mitigation for any impacts to the critical area and buffers resulting from
the emergency action in accordance with an approved critical areas report
and mitigation plan, as described in 17A.01.080. The person or authorized
representative of the agency undertaking the action shall apply for review,
and the alteration, critical areas report, and mitigation plan shall be reviewed
by the County in accordance with the review procedures contained herein.
Restoration and/or mitigation activities must be initiated within one (1) year of
the date of the emergency alteration or development and completed in a
timely manner.
b. Operation, Maintenance, or Repair. Operation, maintenance, or repair of existing
structures, infrastructure improvements, utilities, public or private roads, dikes,
levees, or drainage systems, that do not require construction permits, if the alteration
or development does not further change or increase the impact to, or encroach
further within, the critical area or buffer and there is no increased risk to life or
property as a result of the proposed operation, maintenance, or repair. Operation and
maintenance includes vegetation management performed in accordance with best
management practices that is part of ongoing maintenance of structures,
infrastructure, or utilities, provided that such management actions are part of ongoing
maintenance, do not expand further into the critical area or buffer, are not the result
of an expansion of the structure or utility, and do not directly impact an endangered
or threatened species.
c. Passive Outdoor Activities. Recreation, education, and scientific research activities
that do not alter or degrade the critical area or buffer, including fishing, hiking, and
bird watching.
d. Forest Practices. Forest practices conducted in accordance with the requirements
of the Forest Practice Act (Chapter 76.09 RCW) and its rules, except for the
conversion of forest land to a use other than commercial forestry (Class IV
conversions).Removal or Control of Terrestrial Noxious Weeds. Removal of
terrestrial weeds that are included on the State noxious weed list (WAC 16-750) or
other invasive plant species as identified by Kittitas County. Control may be
conducted by clipping, pulling, over-shading with native tree and shrub species, or
non-mechanized removal including herbicide or other methods applicable to weed
control.
e. Removal or Control of Aquatic Noxious Weeds. Removal or control of aquatic
noxious weeds, as defined in RCW 17.26.020, using an herbicide or other treatment
methods applicable to weed control that are recommended by a final environmental
7
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.
f. Enhancement Actions. Habitat enhancement actions that do not involve clearing,
grading, in-water work or construction activities, such as revegetation with native
plants and installation of nest boxes.
g. Maintenance of Existing Structures. 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 critical areas or their buffers. 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 critical areas or their buffers.
h. Site Exploration and Investigation Activities. Site exploration and investigation
activities that are prerequisite to preparation of an application for development, when
all the following conditions are met:
i. 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; and
ii. 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.
i. Tree Removal.
i. Hazard Tree Removal in Fish and Wildlife Habitat Conservation Areas,
Wetlands, Frequently Flooded Areas and Geologically Hazardous Areas.
(a) The removal of a hazard tree, including removal for compliance with
KCC 20.10, Wildland Urban Interface Code, may be allowed when
trimming or topping is not sufficient to address the hazard. If a tree in
close proximity to a stream or river qualifies as a hazard tree in
accordance to this Title it should be felled in a manner that creates
instream habitat, when it is possible to do so while also addressing
the original hazardous situation. Where the hazard is not immediately
apparent to the Director, the Director may require the applicant to
submit a Hazard Tree Determination Report (KCC 17A.02.406)
prepared by a qualified arborist (KCC 17A02.102) or forester (KCC
17A.02.345). The removal of nonhazardous trees is not an exempt
action in the critical areas listed under KCC 17A.01.050.3.h.i, except
when regulated under the provisions of the Forest Practice Act
(Chapter 76.09 RCW).
ii. Tree Removal in Critical Aquifer Recharge Areas.
(a) The removal of any tree is an exempt action when the tree is solely
within a Critical Aquifer Recharge Area and not also within a different
overlapping critical area, riparian management zone, or buffer. This
action does not require an exemption request or review by the
director, unless it is associated with a regulated activity identified in
KCC 17A.03.030.
8
j. Utility Line Work. Public and private utility line work (new construction,
maintenance, and repair) within improved surfaces (e.g., driveways, parking lots,
concrete or asphalt surfaces, gravel roads and road shoulders, and hard surface-
earthen rights-of-way or easements).
k. Harvesting of Wild Crops. The harvesting of wild crops in a manner that is not
injurious to natural reproduction of such crops and provided the harvesting does not
require tilling of soil, planting of crops, chemical applications, or alteration of the
critical area or its buffer by changing existing topography, water conditions, or water
sources.
17A.01.060 Exceptions
1. Public Agency and Utility. If the application of this Title would prohibit a proposed
development by a public agency or public utility, the agency or utility may apply for an
exception pursuant to the following:
a. Exception Request and Review Process. An application for a public agency and
utility exception shall be made to the County and shall include a critical areas report,
as described in KCC 17A.01.080, including mitigation plan, if necessary; and any
other related project documents, such as permit applications to other agencies,
special studies, and environmental documents prepared pursuant to the State
Environmental Policy Act (Chapter 43.21C RCW). The application shall follow the
administrative project permit review process outlined in KCC 15A.03.
b. Director Review. The Director shall approve, approve with conditions, or deny the
request based on the proposal’s ability to comply with all the reasonable use
exception criteria in Subsection 2(c).
c. Public Agency and Utility Review Criteria. The criteria for review and approval of
public agency and utility exceptions are as follows:
i. There is no other practical alternative to the proposed development with less
impact on the critical area and its buffer;
ii. The application of this Title would unreasonably restrict the ability to provide
utility and/or agency services to the public;
iii. The proposal does not pose an unreasonable threat to the public health,
safety, or welfare on or off the development proposal site;
iv. The proposal attempts to protect and mitigate impacts to the critical area
functions and values consistent with the best available science; and
v. The proposal is consistent with other applicable regulations and standards.
d. Burden of Proof. The burden of proof shall be on the applicant to bring forth
evidence in support of the application and to provide sufficient information on which
any decision must be made on the application.
2. Reasonable Use. If the application of this Title would deny all reasonable economic use of
the subject property, the County shall determine if the property owner may apply for an
exception pursuant to the following:
a. Exception Request and Review Process. An application for a reasonable use
exception shall be made to the County and shall include a critical areas report, as
described in KCC 17A.01.080, including mitigation plan, if necessary; and any other
related project documents, such as permit applications to other agencies, special
studies, and environmental documents prepared pursuant to the State Environmental
Policy Act (Chapter 43.21C RCW and rules thereunder in Chapter 197-11 WAC).
The application shall follow the administrative project permit review process outlined
in KCC 15A.03. In determining what is considered reasonable use of an undeveloped
parcel, the Director may consider additional information such as zoning, and
comparable structure sizes and land uses of the surrounding area.
9
b. Director Review. The Director shall approve, approve with conditions, or deny the
request based on the proposal’s ability to comply with all the reasonable use
exception criteria in Subsection 2(c).
c. Reasonable Use Review Criteria. Criteria for review and approval of reasonable
use exceptions include:
i. The application of this Title would deny all reasonable economic use of the
property;
ii. No other reasonable economic use of the property has less impact on the
critical area and its buffer;
iii. The proposed impact to the critical area is the minimum necessary to allow
for reasonable economic use of the property;
iv. The inability of the applicant to derive reasonable economic use of the
property is not the result of actions by the applicant after the effective date of
this Title;
v. The proposal does not pose an unreasonable threat to the public health,
safety, or welfare on or off the development proposal site;
vi. The proposal will result in no net loss of critical area functions and values
consistent with the best available science;
vii. The proposal is consistent with other application regulations and standards.
d. Burden of Proof. The burden of proof shall be on the applicant to bring forth
evidence in support of the application and to provide sufficient information on which
any decision must be made on the application.
17A.01.070 Non-Conforming Lots, Structures, and Uses
The following provisions apply to lots, structures and uses lawfully established prior to the effective
date of this Title, or amendments thereto, which do not conform to the current regulations or
standards of this Title. The following provisions do not apply to lots, structures or uses that were
unlawfully established.
1. Non-conforming lots:
a. 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 Title 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 this Title and the Act.
2. Non-conforming structures:
a. Nonconforming structures may be maintained, repaired, renovated, and remodeled,
provided such activity does not enlarge or expand the structure beyond the
allowances in this section.
b. Nonconforming structures may be enlarged or expanded one time, provided:
i. The enlargement does not extend closer to the critical area than the existing
primary structure or farther into the minimum side yard setback;
ii. The enlargement does not expand the footprint of the existing structure by
more than 200 square feet in a lateral direction;
iii. The enlargement does not cause new direct wetland or stream impact; and
iv. Mitigation of impacts to disturbed critical areas or buffers is provided in
accordance with this title. The County may consult with agencies of expertise
to ensure plan adequacy.
c. .
d. Nonconforming single-family residences may increase their height within the existing
structural footprint up to maximum of thirty-five (35) feet.
10
e. A nonconforming structure which is moved any distance must be brought into
conformance with this Title and the Act.
f. 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).
3. Nonconforming uses:
a. Nonconforming uses may be continued consistent with their lawfully established
scale and range of uses.
b. A structure which is being or has been used for a nonconforming use may be used
for a different nonconforming use only upon written approval by the Director and may
be approved only upon a finding that:
i. No reasonable alternative conforming use is practical because of the
configuration of the structure and/or the property;
ii. The proposed use will be at least as consistent with the policies and
provisions of the Act and this Title and as compatible with the uses in the
area as the pre-existing use;
iii. The use or development is enlarged, intensified, increased or altered only to
the minimum amount necessary to achieve the intended functional purpose;
iv. 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;
v. The buffer standards of this Title are met;
vi. The change in use, remodel, or expansion will not create adverse impacts to
critical areas or their associated buffers and riparian management zones;
vii. Uses which are specifically prohibited or which would thwart the intent of the
Act or this Title shall not be authorized; and
viii. Conditions necessary to assure that the use will not become a nuisance or a
hazard have been attached to the development permit and preliminary site
analysis.
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;
provided, that such redevelopment shall be otherwise consistent with the provisions of this Title.
17A.01.080 Critical Areas Reports
1. When Required. An applicant shall submit a critical areas report when required by
17A.01.110.2 and the reporting section of the applicable critical area chapter of this Title.
Critical areas reports are valid for five years from the date of completion, or date of the
corresponding delineation documentation, if applicable.
2. Preparation by Qualified Professional. The critical areas report shall be prepared by a
qualified professional as defined in KCC 17A.02.620.
3. Incorporation of Best Available Science. The critical areas report shall use scientifically
valid methods and studies in the analysis of critical area data and field reconnaissance to
evaluate the proposed development and all probable impacts to critical areas in accordance
with the provisions of this Title. The report shall reference the source(s) of science used.
4. Minimum Report Contents. At a minimum, the report shall contain the following:
a. The name and contact information of the applicant and a description of the proposal;
b. The site plan for the proposed development, including a map drawn to scale
depicting critical areas, buffers and/or setbacks, the proposed development, and any
areas to be cleared or altered;
11
c. The names and qualifications of the persons preparing the report;
d. Documentation of any fieldwork performed on the site;
e. Documentation that consultation, when deemed appropriate, was initiated with
agencies of expertise;
f. Field identification and characterization of all critical areas and buffers on and
adjacent to the proposed development;
g. A statement specifying the accuracy of the report, and all assumptions made and
relied upon;
h. A discussion of the performance standards applicable to the critical area and
proposed development;
i. A mitigation plan in accordance with KCC 17A.01.100 if mitigation is required; and
j. Any additional report information required for the critical area as specified in KCC
17A.01.80 through KCC 17A.01.100.
17A.01.090 General Protective Measures
1. Land Divisions. All the following shall apply to the creation of new lots or parcels:
a. All critical areas and their buffers and/or riparian management zones and any
associated setbacks shall be mapped prior to the approval of a land division.
b. All new lots or parcels shall contain sufficient area outside of the wetland and/or
wetland buffer, fish and wildlife habitat conservation area and/or fish and wildlife
habitat conservation area riparian management zones or buffers, floodway, channel
migration zone, or landslide hazard area and/or landslide hazard area buffer to
accommodate the use or development.
c. Open space or conservation area lots may be established without a site that is
suitable for development provided there is a note on the face of the plat or other
recorded document which indicates the purpose of the lot.
2. Native Growth Protection Areas
a. Native growth protection areas shall be used in development proposals for land
division to delineate and protect those contiguous critical areas and buffers listed
below:
i. All landslide hazard areas and buffers;
ii. All wetlands and buffers;
iii. All floodways;
iv. All fish and wildlife habitat conservation areas and associated riparian
management zones and buffers; and
v. All other lands to be protected from alterations as conditioned by project
approval.
b. Native growth protection areas shall be recorded on all documents of title of record
for all affected lots.
c. Native growth protection areas shall be designated on the face of the plat or
recorded drawing in a format approved by the County assessor. The designation
shall include the following restrictions:
i. An assurance that native vegetation will be preserved for the purpose of
preventing harm to property and the environment, including, but not limited
to, controlling surface water and erosion, maintaining slope stability,
buffering, and protecting plants, fish, and animal habitat; and
ii. The right of the County to enforce the terms of the restriction.
3. Temporary or Permanent Field Identification. Prior to a regulated alteration or
development taking place within or adjacent to a critical area, the County may 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 applicant and the
Director depending on site conditions and inspection requirements. Field markers shall be
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spaced at a minimum of every fifty (50) feet, unless alternative placement or spacing is
authorized by the Director. The location of field markers must be shown on all site plans and
final plats associated with the proposed development. Field markers shall remain in place
until any required final inspections are completed and approved. Field markers may be
waived by the Director if an alternative to field marking 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 and its buffer are unlikely to occur. The Director may require permanent,
wildlife-passable fencing and/or signage if necessary to protect a critical area and its buffer
from adjacent land uses.
4. Building Setbacks. Unless otherwise provided, buildings and other structures shall be set
back a distance of fifteen (15) feet from the edges of all critical area buffers, RMZs, or from
the edges of all critical areas, except CARAs, 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. Notice on Title. Any property on which a development proposal requiring a critical areas
report 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 Title to the property; and
c. A statement describing possible limitations on action in or affecting critical areas or
buffer as approved by the Director. The Applicant shall record such documents and
will provide a copy of the recorded notice to the County. Development proposals
which are defined as normal repair and maintenance of existing structures or
developments, including, but not limited to, roof repair, interior remodeling, wood
stove permits, and on-site sewage disposal systems repairs, are exempt from this
requirement.
17A.01.100 Critical Areas Mitigation
1. Mitigation Sequence. Adverse impacts caused by new alterations and developments shall
be mitigated using the following actions in order of priority:
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 using appropriate technology, or by taking affirmative steps, such
as project redesign, relocation, or timing, 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 project and taking appropriate
corrective measures.
2. Mitigation Plans. When mitigation is required, the applicant shall submit a mitigation plan.
The mitigation plan shall include all the following:
a. Mitigation Sequencing. A description of reasonable efforts made to apply mitigation
sequencing pursuant to KCC 17A.01.100.1 to avoid, minimize, and mitigate impacts
to critical areas and buffers;
b. Mitigation Details.
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i. Documentation of consultation/coordination with appropriate agencies of
expertise, as applicable;
ii. A description of the anticipated impacts to the critical area and buffer,
including impacts to critical area functions and values;
iii. The mitigating actions proposed, including: type of mitigation proposed (e.g.,
on-site or off-site); site selection criteria; identification of compensation goals;
and identification of critical area functions.
iv. The environmental goals and objectives of the mitigation, together with
specific measurable criteria and performance standards for evaluating
whether or not the goals and objectives of the mitigation project have been
successfully attained;
v. An analysis of the likelihood of success of the mitigation project based on
best available science.
c. Construction Details. The mitigation plan shall include written specifications,
descriptions, and drawings of the mitigation proposed, including:
i. Construction sequence, timing, and duration;
ii. Grading and excavation details;
iii. Erosion and sediment control features; and
iv. Planting plan specifying plant species, quantities, locations, size, spacing,
density, and measures to protect and maintain plants until established. All
plant species must be native to the region.
d. Monitoring Details.
i. A program for monitoring construction and assessing the outcome of the
mitigation project, including the schedule for site monitoring (for example,
describe how monitoring may occur in years 1, 2, 3, 5, 7 and 10 after site
construction), and how the monitoring data will be evaluated to determine if
the performance standards are being met. Monitoring reports shall be
submitted to the County to document milestones, successes, problems, and
contingency actions of the compensation project. The mitigation project shall
be monitored for a period necessary to establish that performance standards
have been met, but not for a period less than ten (10) years. Mitigation
monitoring shall be the responsibility of the applicant, and monitoring reports
will be reviewed by County staff to ensure that performance standards are
being met.
ii. A contingency plan with courses of action and corrective measures to be
taken if monitoring or evaluation indicates project performance standards are
not being met, including a possible extension of the monitoring period until it
can be shown that performance standards are being met.
iii. The mitigation plan shall include financial guarantees ensuring fulfillment of
the compensation project, monitoring program, and any contingency
measures in accordance with KCC 17A.01.100.3.
iv. The mitigation plan shall address any additional mitigation requirements
relevant to the specific critical area as specified in the following chapters.
3. Financial Guarantees.
a. When mitigation is required for a proposed development but is not completed prior to
the County’s final permit approval, such as final plat approval or final building
inspection, the applicant shall post a financial guarantee to ensure work will be
completed and meet the stated environmental objectives. Where financial
guarantees are required by other state or federal agencies for specific mitigation
features, additional financial guarantees for those features are not required under
this provision.
b. The financial guarantee shall be in the amount of one hundred and twenty-five
percent (125%) of the estimated cost of the uncompleted actions and/or the
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estimated cost of restoring the functions and values of the critical area(s) that is at
risk. The guarantee amount shall be based on an itemized cost estimate of the
mitigation activity including clearing and grading, plant materials, plant installation,
irrigation, weed management, monitoring, and other costs.
c. The financial guarantee may be in the form of a surety bond, performance bond,
assignment of savings account, an irrevocable letter of credit guaranteed by an
acceptable financial institution, or other form acceptable to the Director, with terms
and conditions acceptable to the Kittitas County attorney.
d. The financial guarantee shall remain in effect until the Director determines, in writing,
that the standards bonded for have been met. Financial guarantees for wetland or
stream compensatory mitigation shall be held for a minimum of five (5) years after
completion of the work to ensure that the required mitigation has been fully
implemented and demonstrated to function and may be held for longer periods when
necessary.
e. Public development proposals shall be relieved from having to comply with the
bonding requirements of this Section if public funds have previously been committed
for mitigation, maintenance, monitoring, or restoration.
f. Any failure to satisfy critical area requirements established by law or condition,
including but not limited to the failure to provide a monitoring report within thirty (30)
days after it is due or comply with other provisions of an approved mitigation plan,
shall constitute a default, and the Director may demand payment of any financial
guarantees or require other action authorized by Kittitas County code or any other
law.
g. Any funds recovered pursuant to this Section shall be used to complete the required
mitigation. Such funds shall not be deposited in the County General Fund, but rather
provided with a separate account. The County will use such funds to arrange for
completion of the project or mitigation, and follow-up corrective actions.
h. Depletion, failure, or collection of financial guarantees shall not discharge the
obligation of an applicant or violator to complete required mitigation, maintenance,
monitoring, or restoration.
4. Mitigation Banking and In-Lieu Fee Mitigation. The County may approve mitigation
banking and/or in-lieu fee mitigation as a form of compensatory mitigation for wetland and
fish and wildlife habitat conservation area impacts when the provisions of this Title require
mitigation and when the use of a mitigation bank/in-lieu fee program will provide equivalent
or greater replacement of critical area functions and values when compared to conventional
permittee-responsible mitigation. Mitigation banks and in-lieu fee program 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. Mitigation banks
and in-lieu fee 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.
17A.01.110 Review Process
1. Administrative Procedures and Rules. The administrative procedures followed during the
critical area review process shall conform to the standards and requirements of all
development and alterations. This shall include, but not be limited to, timing, appeals, and
fees associated with applications covered by this Title.
2. General Requirements
a. Submittal. Prior to the county’s consideration of any proposed alteration or
development not found to be exempt under KCC 17A.01.050, the applicant shall
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submit to the County complete information regarding the critical area on the
application for the underlying development, on forms provided by the county.
b. As part of critical areas review, the County shall:
i. Verify the information submitted by the applicant;
ii. Evaluate the project area and vicinity for critical areas and buffers;
iii. Determine whether the applicant is required to seek additional critical area
consultation with qualified professionals and/or agencies, which may include
a joint site visit with county staff, agency staff, and/or qualified professionals;
(1) This additional consultation may be required for, but is not limited to,
areas which contain unmapped critical areas and/or difficult mitigation
circumstances.
iv. Determine whether the proposed development is likely to impact the
functions or values of critical areas; and
v. Determine if the proposed development avoids impacts or adequately
addresses the impacts to the critical area and buffer associated with the
alteration or development.
c. Make a review determination:
i. No Critical Areas Present. If after a site visit the director’s analysis indicates
that the project area is not within or adjacent to a critical area or buffer and
that the proposed alteration or development is unlikely to degrade the
functions or values of a critical area, then the director shall rule that the
critical area review is complete and note on the underlying application the
reasons that no further review is required. A summary of this information
shall be included in any staff report or decision on the underlying permit.
ii. Critical Areas Present, but No Impact – Waiver. If the director determines
there are critical areas within or adjacent to the project area, but that the best
available science shows that the proposed alteration or development is
unlikely to degrade the functions or values of the critical area(s) or buffer(s),
the director may waive the requirement for a critical areas report. A waiver
may be granted if there is substantial evidence that all of the following
requirements will be met:
(1) There will be no alteration of the critical area or associated riparian
management zone or buffer;
(2) The development proposal will not negatively impact a critical area or
buffer.
iii. Critical areas may be affected by proposal. If the director determines that a
critical area or areas or buffer(s) may be affected by the proposal, then the
director shall notify the applicant that a critical areas report must be
submitted prior to further review of the project, as described in KCC
17A.01.080. The director may use the following indicators to assist in
determining the need for a critical areas report:
(1) Indication of a critical area on the county critical areas maps that may
be impacted by the proposed alteration or development;
(2) Information and scientific opinions from appropriate agencies,
including but not limited to the Washington State Departments of Fish
and Wildlife and Ecology;
(3) Documentation, from a scientific or other reasonable source, of the
possible presence of a critical area; or
(4) A finding by a qualified professional, or a reasonable belief by the
director, that a critical area may exist on or adjacent to the site of the
proposed alteration or development.
iv.
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d. Effect of Director’s Determination. A determination regarding the apparent absence
of one or more critical areas by the director is not an expert certification regarding the
presence of critical areas and the determination is subject to possible reconsideration
and reopening if new information is received. If the applicant wants greater
assurance of the accuracy of the critical area review determination, the applicant
may choose to hire a qualified professional to provide such assurances.
3. Request for Technical Assistance. The Director may engage technical consultants or
agencies with expertise to provide third party review and interpret critical area data and
findings submitted by or on behalf of the applicant in instances where County staff lack the
resources or expertise to review these materials. An applicant may be required to pay for or
reimburse the County for the review costs incurred.
4. Pre-Qualification of Consultants. The Director may prepare and maintain a list of qualified
technical consultants and firms that meet the qualified professional standards detailed in
KCC 17A.01.610. 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, years of experience, and sample work. Upon approval of the submitted
qualifications, the Director shall add the name to the list of qualified consultants. The Director
may reject data and findings from non-pre-qualified consultants or require a third-party
review per KCC 17A.01.110.3.
17A.01.120 Relationships to Other Regulations
1. This Title shall apply as an overlay and in addition to zoning and other regulations adopted
by the County.
2. Any individual critical area adjoined by another type of critical area shall have the buffer and
meet the requirements that provide the most protection to the critical areas involved. When
any existing regulations, easement, covenant, or deed restriction conflicts with this Title that
which provides more protection to the critical area shall apply.
3. These critical areas regulations shall apply concurrently with review conducted under the
State Environmental Policy Act (SEPA), as locally adopted.
4. Compliance with the provisions of this Title does not constitute compliance with other federal,
state, and local regulations and permit requirements that may be required (for example,
Hydraulic Project Approval [HPA] permits, Section 106 of the National Historic Preservation
Act, U.S. Army Corps of Engineers Section 404 permits, National Pollution Discharge
Elimination System permits). The applicant is responsible for complying with these
requirements, apart from the process established in this Title.
17A.01.130 Best Available Science
Critical areas reports and decisions to alter critical areas shall be based on the most current best
available science to protect the functions and values of critical areas in Kittitas County.
17A.01.150 Critical Areas Report Review and Determination
1. The director shall make a determination as to whether the proposed alteration or
development and associated mitigation, if any, is consistent with the provisions of thisTitle.
The director’s determination shall be based on the following criteria:
a. The proposal minimizes the impact on critical areas in accordance with KCC
17A.01.100, Critical Areas Mitigation;
b. The proposal is consistent with the general purposes of this Title;
c. Any alterations permitted to the critical area(s) are mitigated in accordance with this
Title’s mitigation requirement sections depending on the type of critical area(s)
impacted;
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d. The proposal protects the critical area functions and values consistent with the best
available science and results in no net loss of critical area functions and values; and
e. The proposal is consistent with other applicable regulations and standards.
2. The county may condition the proposed alteration or development as necessary to mitigate
impacts to critical areas and to conform to the standards required by this Title.
3. Determination. The Director will determine if the proposed alteration or development meets
the criteria in KCC 17A.01.150(1) and complies with the applicable provisions of this Title.
The Director shall prepare a written notice of determination and identify any required
conditions of approval.
a. If a proposed alteration or development is approved under this Title a notice of
determination and conditions of approval shall be included in the project file, be
considered in the next phase of the County’s review of the proposed alteration or
development in accordance with any other applicable codes and regulations, and
shall be attached to the underlying permit or approval.
i. Any subsequent changes to the conditions of approval shall void the previous
determination pending re-review of the proposal and conditions of approval
by the director.
ii. A favorable determination should not be construed as endorsement or
approval of any underlying permit or approval.
b. If a proposed alteration or development is rejected due to not adequately mitigating
its impacts on the critical area(s) and/or does not comply with the criteria in KCC
17A.01.150(1), and the provisions of this Title, the Director shall prepare a written
notice of the determination that includes findings of noncompliance.
i. No proposed alteration, development, or permit shall be approved or issued if
it is determined that the proposed activity does not adequately mitigate its
impacts on the critical area(s) and/or does not comply with the provisions of
this Title.
ii. Upon receiving a notice of determination that includes findings of
noncompliance, the applicant may request consideration of a revised critical
areas report.
iii. If the revision is found to be substantial and relevant to the critical area
review, the Director may reopen the critical area review and make a new
determination based on the revised report.
4. The County’s determination regarding critical areas pursuant to this Title shall be concurrent
with the final decision to approve, condition, or deny the development proposal or other
alteration involved.
17A.01.170 Enforcement
1. Generally. When a critical area or its buffer has been altered in violation of this Title, all
ongoing development work shall stop, and the critical area and buffer shall be restored. The
County shall have the authority to issue a stop work order to cease all ongoing development
work, and order restoration, rehabilitation, or replacement measures at the owner’s or other
responsible party’s expense to compensate for violation of provisions of this Title.
2. Requirement for Restoration Plan. All development work shall remain stopped until a
restoration plan is prepared and approved by the County. Such a plan shall be prepared by a
qualified professional using best available science and shall describe how the actions
proposed meet the minimum requirements described below. Inadequate plans shall be
returned to the applicant or violator for revision and resubmittal. The County may consult with
agencies of expertise to ensure plan adequacy.
3. Minimum Performance Standards for Restoration
a. For alterations to critical aquifer recharge areas, frequently flooded areas, wetlands,
and fish and wildlife habitat conservation areas, the following minimum performance
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standards shall be met for the restoration of a critical area, provided that if the
violator can demonstrate that greater functional and habitat values can be obtained,
these standards may be modified:
i. The pre-violation structural and functional values shall be restored,
including water quality, hydrology and habitat functions;
ii. The historic soil types and configuration of the altered area shall be
replicated;
iii. The critical area and buffers shall be replanted with native vegetation that
replicates the vegetation historically found on the site in species type and
densities. The historic functions and values should be replicated at the
location of the alteration; and
iv. Information demonstrating compliance with the requirements in KCC
17A.01.100 shall be submitted to the Director.
b. For alterations to frequently flooded areas and geologically hazardous areas, the
following minimum performance standards shall be met for the restoration of a critical
area, provided that, if the violator can demonstrate that greater safety can be
obtained, these standards may be modified:
i. The hazard shall be reduced to a level equal to, or less than, the pre-
development hazard;
ii. Any risk of personal injury resulting from the alteration shall be eliminated
or minimized; and
iii. The hazard area and buffers shall be replanted with native vegetation
sufficient to minimize the hazard.
4. Site Investigations. The Director is authorized to make site inspections and take such
actions as are necessary to enforce this Title, pursuant to KCC 18.01.060.
5. Penalties. Penalties for violating the provisions of this Title are specified in KCC 18.05.
17A.01.190 Severability
If any clause, sentence, paragraph, section, or part of this Title or the application thereof to any
person or circumstances shall be judged by any court of competent jurisdiction to be invalid, such
order or judgment shall be confined in its operation to the controversy in which it was rendered. The
decision shall not affect or invalidate the remainder of any part thereof and to this end the provisions
of each clause, sentence, paragraph, section, or part of this law are hereby declared to be
severable.
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Chapter 17A.02
DEFINITIONS
17A.02.010 Generally.
Certain terms and words used in this title are defined in the following sections. Words used in the
present tense include the future; words in the singular number include the plural number; and words
in the plural number include the singular number. The word “shall” is mandatory.
17A.02.020 Adjacent.
“Adjacent" to a critical area means the project area is located:
1. anywhere within the standard critical area buffer and/or standard building setback;
2. anywhere within three hundred (300) feet from a fish and wildlife habitat conservation area
or wetland; or
3. anywhere within two hundred (200) feet from a critical aquifer recharge area.
17A.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 dormant; 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; maintaining, repairing, and replacing
agricultural equipment; maintaining, repairing, and replacing agricultural facilities, provided that the
replacement facility is no closer to the shoreline and/or critical area than the original facility; and
maintaining agricultural lands under production or cultivation.
17A.02.040 Agricultural Activities, High Intensity.
“High intensity agricultural activities” are defined as: dairies, animal feed lots, nurseries,
greenhouses, and like uses which are commercially operated.
17A.02.050 Agricultural Land.
"Agricultural land" means land primarily devoted to the commercial production of horticultural,
viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw,
turf, seed, Christmas trees not subject to the excise tax imposed by *RCW 84.33.100 through
84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance
for agricultural production.
17A.02.060 Alluvial Fan.
"Alluvial fan" or "Alluvial fan hazard area" means a low, outspread, relatively flat-to- gentle sloping
landscape surface composed of eroded alluvial materials deposited by a stream at the transitional
area between valley floodplains and steep mountain slopes. Channel pattern in the alluvial fan 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.
17A.02.070 Alteration.
“Alteration” means any human induced change in an existing condition of a critical area or its buffer.
Alteration includes, but is not limited to, grading, filling, channelizing dredging, clearing (vegetation),
construction, compaction, excavation, or any other activity that changes the character of the critical
area.
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17A.02.080 Anadromous Fish.
“Anadromous Fish” means fish that spawn and rear in fresh water and migrate to the ocean to
mature in the marine environment until returning to freshwater to spawn. In Kittitas County, these
include Pacific salmon, steelhead, bull trout, and Pacific lamprey.
17A.02.090 Applicant.
“Applicant” means person who files an application for permit under this Title and who is either the
owner of the land on which that proposed development would be located, a contract purchaser, or
the authorized agent of such a person.
17A.02.100 Aquifer.
“Aquifer” means geological formation, group of formations, or part of a formation that is capable of
yielding a significant amount of water to a well or spring.
17A.02.102 Arborist.
“Arborist” is defined as a person with a minimum 2-year degree in arboriculture or equivalent
discipline such as forestry, horticulture, or biology. Membership and certifications from International
Society of Arboriculture as well as documented work experience may be substituted for formal
degrees at the discretion of the Director.
17A.02.104 Area of Special Flood Hazard.
“Area of Special Flood Hazard” is defined as the land in the floodplain within a community subject to
a one percent or greater chance of flooding in any given year. Designation on maps always includes
the letter A. Also referred to as "100-year floodplain" and "special flood hazard area."
17A.02.110 Avalanche Hazard.
“Avalanche Hazard” means an area susceptible to a large mass of snow or ice, sometimes
accompanied by other material, moving rapidly down a mountain slope.
17A.02.120 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, such as
occurs in Channel Migration Zones.
17A.02.125 Bank (of a water body)
“Bank” means any land surface landward of the ordinary high water line next to a body of water and
constrains the water except during floods. The term "bank" also includes all land surfaces of islands
within a body of water that are below the flood elevation of the surrounding body of water.
17A.02.130 Best Available Science.
“Best Available Science” means scientific information applicable to the critical area prepared by
local, state, or federal natural resource agencies, a qualified scientific professional, or team of
qualified scientific professionals that is consistent with criteria established in WAC 365-195-900
through WAC 365-195-925.
17A.02.140 Buffer.
“Buffer” means an area that is contiguous to and protects a critical area, and which is required for
the continued maintenance, function, and/or structural stability of a critical area. 17A.02.150
Channel Migration Zone.
Channel migration zone (CMZ) means the area along a watercourse, but not always within the flood
zone, 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.
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17A.02.155 Clearing.
“Clearing” means significant vegetation removal including the removal or alteration of trees, shrubs,
and/or ground cover by 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.
17A.02.160 Critical Aquifer Recharge Areas.
“Critical aquifer recharge areas" are areas with a critical recharging effect on aquifers used for
potable water, including areas where an aquifer that is a source of drinking water is vulnerable to
contamination that would affect the potability of the water, or is susceptible to reduced recharge.
17A.02.170 Critical Areas.
“Critical areas" include the following areas and ecosystems: (a) wetlands; (b)critical aquifer recharge
areas; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically
hazardous areas.
17A.02.200 Cumulative Impacts
“Cumulative Impacts” or “cumulative effects” means the combined, incremental effects of human
activity on ecological or critical areas functions and values. Cumulative impacts result when the
effects of an action are added to or interact with other effects in a particular place and within a
particular time. It is the combination of these effects, and any resulting environmental degradation,
that should be the focus of cumulative impact analysis and changes to policies and permitting
decisions.
17A.02.210 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.
17A.02.220 Development.
“Development” means any activity upon the land consisting of construction or alteration of structures,
earth movement, dredging, dumping, grading, filling, mining, removal of any sand, gravel, or
minerals, driving of piles, drilling operations, bulkheading, clearing of vegetation, or other land
disturbance. Development includes the storage or use of equipment or materials inconsistent with
the existing use. Development also includes approvals issued by the County that binds land to
specific patterns of use, including but not limited to, subdivisions, short subdivisions, zone changes,
conditional use permits, and binding site plans. Development activity does not include the following
activities:
1. Interior building improvements.
2. Exterior structure maintenance activities, including painting and
roofing.
3. Routine landscape maintenance of established, ornamental
landscaping, such as lawn mowing, pruning, and weeding.
4. Maintenance of the following legally existing facilities that does not
expand the affected area: septic tanks (routine cleaning); wells;
individual utility service connections; and individual cemetery plots in
established and approved cemeteries.
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17A.02.230 Director.
“Director" means the director of the Kittitas County Community Development Services or designee.
17A.02.240 Dry Well.
“Dry well” means a hole in the ground filled with gravel or rubble intended to receive treated or
otherwise unpolluted drainage water and allow it to percolate into the ground. A dry well is typically
engineered and designed to infiltrate individual home roof runoff in a subdivision.]
17A.02.250 Ecological Functions.
"Ecological functions" means the work performed or role played by the physical, chemical, and
biological processes that contribute to the maintenance of aquatic and terrestrial environments that
constitute the natural ecosystem.
17A.02.260 Emergency Activities.
“Emergency activities” means activities necessary to prevent an immediate threat to public health,
safety, or welfare – or an immediate risk of damage to private property – that require remedial or
preventative action in a timeframe too short to allow for compliance with the requirements of this
Title.
17A.02.270 Enhancement.
"Enhancement" means actions performed within an existing degraded 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.
17A.02.280 Erosion.
“Erosion” means the process whereby wind, rain, water, and other natural agents mobilize and
transport particles of soil or rock.
17A.02.290 Erosion Hazard Areas.
“Erosion hazard areas” are areas containing soils that may experience significant erosion,
including any or all of the following:
1. Soil areas identified by the Natural Resources Conservation Service as having “severe” or
“very severe” erosion hazard; or
2. Slopes forty percent (40%) or steeper with a vertical relief of ten (10) or more feet, except
areas composed of consolidated rock; or
3. 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; or
4. Channel migration zones.]
17A.02.300 Feasible.
"Feasible" means, for the purpose of this Title, that an action, such as a development activity,
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 activity'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
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reviewing agency may weigh the action's relative public costs and public benefits,
considered in the short- and long-term time frames.
17A.02.310 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.
17A.02.320 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 ground surface elevation or creates dry land.
17A.02.330 Fish and Wildlife Habitat Conservation Areas."Fish and wildlife habitat conservation
areas" are areas 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; areas with high relative population density
or species richness; and also, locally important habitats and species designated by the County, and
state priority habitats and species as identified by the WA Department of Fish and Wildlife. "Fish and
wildlife habitat conservation areas" do not include artificial features or constructs created in what
were originally upland areas, such 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.
17A.02.340 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.
17A.02.340 Floodway.
“Floodway” means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than one foot.
17A.02.345 Forester.
“Forester” is defined as a person with a minimum 2-year degree in forestry or equivalent discipline
such as arboriculture, horticulture, or biology. Membership and certifications from International
Society of American Foresters as well as documented work experience may be substituted for
formal degrees at the discretion of the Director.
17A.02.347 Forest Land
“Forest land” means all land which is capable of supporting a merchantable stand of timber and is
not being actively used for a use which is incompatible with timber growing. Forest land does not
include agricultural land that is or was enrolled in the conservation reserve enhancement program by
contract if such agricultural land was historically used for agricultural purposes and the landowner
intends to continue to use the land for agricultural purposes in the future.
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17A.02.350 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 designations of the Federal
Emergency Management Agency and the National Flood Insurance Program.
17A.02.360 Geologically Hazardous Areas.
"Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding,
earthquake, or other geological events, are not suited to the siting of commercial, residential, or
industrial development consistent with public health or safety concerns.
17A.02.370 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.
17A.02.380 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 existing contour of the land.
17A.02.390 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.
17A.02.400 Habitats of Local Importance.
"Habitats of local importance" designated as fish and wildlife habitat conservation areas include
those areas found and/or designated to be locally important by the County.
17A.02.405 Hazard Tree.
“Hazard Tree” means a tree with a structural defect, combination of defects or disease resulting in a
structural defect that, under the normal range of environmental conditions at the site, will result in the
loss of a major structural component of the tree in a manner that will:
(1) Damage a residential structure or accessory structure, or a place of employment or public
assembly;
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(2) Damage an approved road, utility, or public facility;
(3) Prevent emergency access in the case of medical hardship; or
(4) Endanger pedestrians or users of a recreational area
17A.02.406 Hazard Tree Determination Report.
“Hazard Tree Determination Report” means a written document prepared by an arborist or forester
containing the following elements:
1. Parcel, address, and name of landowner of site where tree(s) are located,
2. Description of size, health, and species of tree(s) evaluated,
3. Description of factors related to potential impacts to human health or structures posed by
evaluated tree(s),
4. Alternative methods (pruning, cabling, etc.) considered,
5. Location of nearby critical areas (wetlands, streams, steep slopes, landslides, floodplains,
shorelines, etc.),
6. Proposed methods for removal,
7. Size and species of replacement trees, if any,
8. Site map showing parcel lines, structures, evaluated trees, critical areas, utilities, and other
pertinent information described in the report,
9. Date of field evaluation and signature of arborist or forester,
10. Qualifications of arborist or forester authoring the report.
17A.02.410 Hazardous Substances.
“Hazardous Substances” means any liquid, solid, gas, or sludge, including any material, substance,
product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or
biological properties described in WAC 173-303-090 or 173-303-100.
17A.02.430 Hydric Soil.
"Hydric soil" means a soil that is saturated, flooded, or ponded long enough during the growing
season to develop anaerobic conditions in the upper part.
17A.02.440 Hyporheic Zone.
“Hyporheic zone” means the saturated zone located beneath and adjacent to streams that contains
some portion of surface waters, serves as a filter for nutrients, and maintains water quality.
17A.02.450 Impervious Surface.
“Impervious Surface” means a hard surface area which either prevents or retards the entry of water
into the soil surface and subsoils, such as would occur under natural conditions prior to
development, or which causes water to run off the surface in greater quantities or at an increased
rate of flow relative to natural conditions prior to development. Common impervious surfaces include,
but are not limited to: rooftops, walkways, patios, driveways, parking lots, storage areas, concrete or
asphalt paving, gravel roads, packed earthen materials, and oiled macadam, or other surfaces which
similarly impede the natural infiltration of stormwater.
17A.02.460 In-Stream Structure.
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"In-stream structure" is a human-made structure placed within a stream or river waterward of the
ordinary high water mark that either causes or has the potential to cause water impoundment, or the
diversion, obstruction, or modification of water flow. In-stream structures may include those for
hydroelectric generation, irrigation, water supply, flood control, transportation, utility service
transmission, fish habitat enhancement, or other purpose.
17A.02.470 Landslide Hazard Areas.
“Landslide hazard areas” are areas 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. 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. Potential landslide hazard areas include but are not limited to the
following areas:
1. Areas designated as quaternary slumps, earth-flows, mudflows, or landslides on maps
published by the U.S. Geological Survey or Washington State Department of Natural
Resources.
2. Areas with all three (3) of the following characteristics:
a. Slopes steeper than fifteen percent (15%);
b. Hillsides intersecting geologic contacts with a relatively permeable sediment
overlying a relatively impermeable sediment or bedrock; and
c. Springs or groundwater seepage.
3. Areas that have shown movement and/or are underlain or covered by mass wastage debris;
4. Slopes that are parallel or sub-parallel to planes of weakness (which may include but not be
limited to bedding planes, soft clay layers, joint systems, and fault planes) in subsurface
materials;
5. Slopes having gradients steeper than eighty percent (80%) subject to rock fall during seismic
shaking;
6. Areas that show evidence of, or are at risk from snow avalanches; and
7. 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 competent bedrock.
8. Potentially unstable slopes resulting from river erosion or undercutting.
9. Areas that show past sloughing or calving of sediment or rocks resulting in a steep slope that
is poorly vegetated.
10. Deep-seated landslide areas characterized by one or more of the following features, which
may be evident in aerial images, topographic maps, LiDAR imagery or on the ground:
a. scalloped ridge crests at the top of the slope,
b. crescent shaped depressions,
c. head scarps,
d. side scarps,
e. ponds or sag areas on mid slopes,
f. benches and scarps on mid slope areas,
g. hummocky ground,
h. linear fractures in the ground.
11. Areas below unstable slopes or that have been identified as landslide hazard areas that
could be impacted by landslide run out.
12. Areas above or adjacent to unstable slopes that could be impacted if the landslide area
expands.
17A.02.480 Mine Hazard Areas.
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“Mine hazard areas” are areas underlain by abandoned mine shafts, secondary passages between
shaft 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.
17A.02.490 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 the most
current WAC for mineral prospecting under the hydraulic code.
17A.02.500 Mitigation Sequencing.
"Mitigation Sequencing" means a process used to guide mitigation decisions and determine the type
and level of mitigation required. It follows a three (3) step process, described in 17A.01.100:
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 using appropriate technology, or by taking affirmative steps 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 during the life of the action;
e. Compensating for the impact by replacing, enhancing, or providing substitute
resources or environments; and/or
f. Monitoring the impact and taking appropriate corrective measures.
17A.02.510 Monitoring.
“Monitoring” means evaluating the impacts of proposed developments on the biological,
hydrological, and geological elements of such systems, and assessing the performance of required
mitigation measures throughout the collection and analysis of data by various methods for the
purpose of understanding and documenting changes in natural ecosystems and features, including
gathering baseline data.
17A.02.520 Native Growth Protection Area.
“Native growth protection area” means an area where native vegetation is preserved for the purpose
of preventing harm to property and the environment, including, but not limited to, controlling surface
water runoff and erosion, maintaining slope stability, buffering, and protecting plant and animal
habitat.
17A.02.530 Native Vegetation.
“Native Vegetation” means plant species that are indigenous to the area in question.
17A.02.540 Naturally Occurring Ponds.
“Naturally occurring ponds” means those ponds and their submerged aquatic beds that provide fish
or wildlife habitat, including those artificial ponds intentionally created in upland areas for mitigation
purposes. Naturally occurring ponds do not include ponds deliberately designed and created in
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upland sites for purposes other than mitigation, such as irrigation canals, detention facilities,
wastewater treatment facilities, farm ponds, temporary construction ponds, and landscape
amenities.
17A.02.550 Nonconformity.
“Nonconformity” means a legally established existing use or legally constructed structure that is not
in compliance with the current regulations.
17A.02.560 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 adjoining salt water shall be the line
of mean higher high tide and the OHWM adjoining freshwater shall be the line of mean high water.
17A.02.570 Permeability.
“Permeability” means the capacity of an aquifer or confining bed to transmit water. It is a property of
the aquifer or confining bed and is independent of the force causing movement.
17A.02.590 Priority Habitat.
“Priority habitat” means a habitat type or elements with unique or significant value to one or more
species as classified by the state Department of Fish and Wildlife. A priority habitat may be
described by a unique vegetation type or by a dominant plant species that is of primary importance
to fish and wildlife (e.g., oak woodlands, juniper savanna). A priority habitat may also be described
by a successional stage (e.g., old growth and mature forests). Alternatively, a priority habitat may
consist of a specific habitat feature (e.g., talus slopes, caves, snags) of key value to fish and wildlife.
17A.02.600 Priority Species.
"Priority species" means species requiring protective measures and/or management guidelines to
ensure their persistence at genetically viable population levels. Priority species include State
Endangered, Threatened, Sensitive, and Candidate species; animal aggregations (e.g., heron
colonies, bat colonies) considered vulnerable; and species of recreational, commercial, or tribal
importance that are vulnerable. A species identified and mapped as priority species fit one or more
of the following criteria:
1. Criterion 1. State-Listed and Candidate Species:
State-listed species are native fish and wildlife species legally designated as Endangered (WAC
232-12-014), Threatened (WAC 232-12-011), or Sensitive (WAC 232-12-011). State Candidate
species are fish and wildlife species that will be reviewed by the department (POL-M-6001) for
possible listing as Endangered, Threatened, or Sensitive according to the process and criteria
defined in WAC-232-12-297.
2. Criterion 2. Vulnerable Aggregations:
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Vulnerable aggregations include species or groups of animals susceptible to significant population
declines, within a specific area or statewide, by virtue of their inclination to aggregate. Examples
include heron rookeries, seabird concentrations, marine mammal haulouts, shellfish beds, and fish
spaning and rearing areas.
3. Criterion 3. Species of Recreational, Commercial, and/or Tribal Importance:
Native and non-native fish and wildlife species of recreational or commercial importance, and
recognized species used for tribal ceremonial and subsistence purposes, whose biological or
ecological characteristics make them vulnerable to decline in Washington or that are dependent on
habitats that are highly vulnerable or are in limited availability.
17A.02.610 Public Facilities.
"Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems, traffic
signals, domestic water systems, storm and sanitary sewer systems, parks and recreational
facilities, and schools.
17A.02.620 Qualified Professional.
"Qualified professional" means a person with experience and training in the applicable field or critical
area. A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, soil
science, botany, engineering, environmental studies, fisheries, geology or related field, and a
minimum of 2 years of related work experience. Other equivalently qualified professionals may be
approved by the Director on a case by case basis.
1. A qualified professional for wetlands and fish and wildlife habitat conservation areas must
have a degree in biology, soil science, botany or related fields and relevant professional
experience or professional certification (Professional Wetland Scientist Certification) that
documents capability in functional assessment and mitigation techniques. For wetlands,
Professional Wetland Scientist Certification, or other documentation of expertise, is required.
2. A qualified professional for preparing Geologically Hazardous Area Assessments must be a
professional geologist or engineering geologist licensed in the State of Washington.
3. Engineered structures for mitigation of geologic hazards must be designed by a qualified
professional engineer or engineering geologist, licensed in the State of Washington.
4. A qualified professional for critical aquifer recharge areas must be a professional
hydrogeologist licensed in the State of Washington, who is trained and qualified to analyze
geologic, hydrologic, and groundwater flow systems.
17A.02.630 Rehabilitation.
"Rehabilitation" means a type of restoration action intended to repair natural or historic functions and
processes. Rehabilitation activities could involve breaching a dike to reconnect wetlands to a
floodplain or other activities that restore the natural water regime.
17A.02.640 Repair or Maintenance.
“Repair or maintenance” means an activity that restores the character, scope, size, and design of a
serviceable area, structure, or land use to its previously authorized and undamaged condition.
Activities that change the character, size, or scope of a project beyond the original design and/or
which drain, dredge, fill, flood, or otherwise alter critical areas are not included in this definition.
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17A.02.650 Restore or Restoration.
"Restore," "restoration" or "ecological restoration" means repairing environmental damage to a
condition equivalent to the pre-impact condition, or upgrading of impaired critical area processes or
functions. This may be accomplished through measures including, but not limited to, re-vegetation,
removal of intrusive stream bank structures, or removal or treatment of toxic materials. Restoration
does not imply a requirement for returning the critical area to aboriginal or pre-European settlement
conditions.
17A.02.660 Riparian.
“Riparian” areas are transitional between terrestrial and aquatic ecosystems and are distinguished
by gradients in biophysical conditions, ecological processes, and biota. They are areas through
which surface and subsurface hydrology connect waterbodies with their adjacent uplands. They
include those portions of terrestrial ecosystems that significantly influence exchanges of energy and
matter with aquatic ecosystems (i.e., a zone of influence).
17A.02.665 Riparian Management Zone(s)
“Riparian management zone(s)” or “RMZ(s)” is a scientifically based description of the area adjacent
to rivers and streams (see “riparian”) based on the site potential tree height conceptual framework. It
is the area that has the potential to provide full ecological function for bank stability, shade, pollution
removal, contributions of detrital nutrients, and recruitment of large woody debris.
17A.02.670 Seismic Hazard Areas.
“Seismic hazard areas” are areas subject to severe risk of damage as a result of earthquake induced
ground shaking, slope failure, settlement, soil liquefaction, lateral spreading, or surface faulting.
17A.02.680 Setback.
"Setback" means the distance a building or structure is placed from a specified limit such as a lot line
or a critical area buffer.
17A.02.690 Shorelines of the State.
"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.
17A.02.700 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.
17A.02.710 Shrub-Steppe. “Shrub-Steppe” is a nonforested vegetation type consisting of
one or more layers of perennial bunchgrasses and a conspicuous but discontinuous layer of shrubs
(see Eastside Steppe for sites with little or no shrub cover). Although Big Sagebrush (Artemisia
tridentata) is the most widespread shrub-steppe shrub, other dominant (or co-dominant) shrubs
include Antelope Bitterbrush (Purshia tridentata), Threetip Sagebrush (A. tripartita), Scabland
Sagebrush (A. rigida), and Dwarf Sagebrush (A. arbuscula). Dominant bunchgrasses include (but
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are not limited to) Idaho fescue (Festuca idahoensis), Bluebunch Wheatgrass (Pseudoroegneria
spicata), Sandberg Bluegrass (Poa secunda), Thurber's Needlegrass (Achnatherum thurberianum),
and Needle-and-Thread (Hesperostipa comata). In areas with greater precipitation or on soils with
higher moisture-holding capacity, shrub-steppe can also support a dense layer of forbs (i.e.,
broadleaf herbaceous flora). Shrub-steppe contains various habitat features, including diverse
topography, riparian areas, and canyons. Another important component is habitat quality (i.e.,
degree to which a tract resembles a site potential natural community), which may be influenced by
soil condition and erosion; and the distribution, coverage, and vigor of native shrubs, forbs, and
grasses. Sites with less disturbed soils often have a layer of algae, mosses, or lichens. At some
more disturbed sites, non-natives such as Cheatgrass (Bromus tectorum) or Crested Wheatgrass
(Agropyron cristatum) may be co-dominant species. Fire disturbance is an ecological component of
shrub-steppe. Shrub-steppe disturbed by fire may lack the aforementioned habitat components
during periods of post-fire recovery
17A.02.715 Site Potential Tree Height (SPTH)
“Site Potential Tree Height” or “SPTH” is the average maximum height of the tallest dominant trees
(200 years or more in age) for a given area.
17A.02.720 Soft Armoring.
"Soft armoring" means stream bank erosion control practices using predominantly natural materials
in a design that minimizes impacts to natural processes.This term is frequently used in reference to
bioengineering.
17A.02.730 Species of Local Importance.
"Species of local importance" are those species that are of local concern due to their population
status or their sensitivity to habitat alteration or that are game species.
17A.02.740 Streams
“Streams” see definition for “Watercourse”
17A.02.750 Stream or Water Type
“Stream or Water Types” are fully defined in WAC 222-16-030. An abbreviated definition is provided
below, but the full WAC definition is adopted and applies:
1. "Type S Water" means all designated "shorelines of the state".
2. "Type F Water" means streams other than Type S Waters that contain fish habitat or are
diverted for certain kinds of domestic use or for use by fish hatcheries.
3. "Type Np Water" means streams that are perennial nonfish habitat streams.
4. "Type Ns Water" means streams that are seasonal, nonfish habitat streams, which are
physically connected by an above-ground channel system to Type S, F, or Np Waters.
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17A.02.760 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.
17A.02.770 Unavoidable.
“Unavoidable” means adverse impacts that remain after all appropriate and practicable avoidance
and minimization have been achieved.
17A.02.780 Volcanic Hazard Areas.
Volcanic hazard areas are 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.
17A.02.790 Watercourse.
“Watercourse,” "river" or "stream" means any portion of a stream or river channel, bed, bank, or
bottom waterward of the ordinary high water line of waters of the state. Watercourse also means
areas in which fish may spawn, reside, or pass, and tributary waters with defined bed or banks that
influence the quality of habitat downstream. Watercourse also means waters that flow intermittently
or that fluctuate in level during the year, and the term applies to the entire bed of such waters
whether or not the water is at peak level. A watercourse includes all surface-water-connected
wetlands that provide or maintain habitat that supports fish life. This definition does not include
irrigation ditches, canals, stormwater treatment and conveyance systems, or other entirely artificial
watercourses, except where they exist in a natural watercourse that has been altered by humans..
17A.02.800 Water Quality.
"Water quality" means the physical characteristics of water, including water quantity, hydrological,
physical, chemical, aesthetic, recreation-related, and biological characteristics.
17A.02.810 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, irrigation, and distribution facilities.
17A.02.820 Waters of the State.
“Waters of the state” means lakes, rivers, ponds, streams, inland waters, underground waters, and
all other surface watercourses within the jurisdiction of the state of Washington, as classified in WAC
222-16-030.
17A.02.830 Wellhead Protection Area.
“Wellhead protection area” means the portion of a well’s, wellfield’s, or spring’s zone of contribution
within the ten-year time of travel boundary, or boundaries established using alternate criteria
approved by the state Department of Health in those settings where groundwater time of travel is not
a reasonable delineation criteria.
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17A.02.840 Wetland.
"Wetland" or "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 nonwetland 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 nonwetland areas created to mitigate
conversion of wetlands.
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Chapter 17A.03
CRITICAL AQUIFER RECHARGE AREAS (CARAs)
Sections:
17A.03.010 Purpose and Intent.
17A.03.020 Classification, Designation, and Mapping.
17A.03.030 Applicability.
17A.03.040 Protection Standards.
17A.03.050 Reporting.
17A.03.010 Purpose and Intent.
The purpose of this chapter is to protect critical aquifer recharge areas from degradation resulting
from alterations and development. It is the intent of this chapter to safeguard groundwater resources
against contaminants from alterations and development.
17A.03.020 Designation, and Mapping.
1. Classification and Designation. Critical aquifer recharge areas are areas of unconsolidated
deposits within the Roslyn and Kittitas Basins, and all Group A well head protection areas, as
shown on the County’s critical areas maps. All projects proposing uses listed in 17A.03.030
that are within the unconsolidated deposits within the Kittitas and Roslyn basins, or within a
Group A wellhead protection area shall be reviewed for potential hazards to groundwater.
2. Mapping. The designated Critical Aquifer Recharge Areas are mapped in the Kittitas County
Critical Areas Ordinance Critical Aquifer Recharge Area Map. Permit reviews will be based
on the mapped critical area designation shown on the critical areas maps..
17A.03.030 Applicability.
This chapter regulates the following uses when located in a critical aquifer recharge area:
1. Storage tanks;
2. Commercial vehicle repair, servicing, and salvaging facilities;
3. Reclaimed wastewater;
4. 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;
5. Injection wells used for disposal of waste products including, but not limited to, stormwater
discharge, hazardous or radioactive waste, or industrial waste;
6. Wood treatment facilities that allow any portion of the treatment process to occur over
permeable surfaces (both natural and manmade);
7. Commercial coal,ore mining operations, and natural gas exploration and extraction;
8. Facilities that store, process, or dispose of chemicals containing perchloroethylene (PCE) or
methyl tertiary butyl ether (MTBE) or other chemicals with the potential to contaminate
groundwater;
9. Dairy farms and feedlots;
10. Man-made stormwater detention or infiltration ponds, manure lagoons, and irrigation ponds;
and
11. Any other alteration or development that the Director determines – based on best available
science– is likely to have a significant adverse impact on ground water.
1. 17A.03.040 Protection Standards.Storage tanks. Aboveground and underground storage
tanks or vaults used for the storage of hazardous substances, animal wastes, sewage
sludge, fertilizers, other chemical or biological hazards, dangerous wastes as defined in
WAC Chapter 173-303, or any other substances, solids, or liquids in quantities identified by
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Kittitas County Public Health as a risk to groundwater quality, shall be designed and
constructed to:
a. Prevent the release of such substances to the ground, ground waters, or surface
waters;
b. Include 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 stored to protect against corrosion or leakage, or
otherwise designed in a manner to prevent the release or threatened release of any
stored substance; and
f. Comply with WAC 173-303 and 173-360 as well as International Building Code
requirements.
2. Commercial vehicle repair, servicing, and salvaging facilities. Vehicle repair and
servicing activities shall 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, servicing, and salvaging 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, servicing, and salvaging. 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
development.
3. Reclaimed wastewater. Use of reclaimed wastewater must be in accordance with adopted
water or sewer comprehensive plans that have been approved by Ecology.
4. Other regulated uses. Protection standards for other uses regulated under KCC
17A.03.030 shall be based on analysis and recommendations contained in the hydrogeologic
reports required for specific projects.
17A.03.050 Reporting.
1. When required. Except for storage tanks, all uses listed in KCC 17A.03.030 require County
review and approval of a special hydrogeological assessment prepared by a qualified
professional.
2. Contents. The hydrogeological assessment shall include the general critical areas report
requirements of KCC 17A.01.080 in addition to the following:
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 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. Potential impacts to wellhead protection areas located within the site;
i. Surface water locations within one thousand (1,000) feet of the site;
j. Discussion of the effects of the proposed development on groundwater quality and
quantity;
k. Recommendations on appropriate mitigation, if any, to assure that there shall be no
measurable exceedance of minimum state groundwater quality standards or
measurable reduction in available quantity of groundwater;
l. Emergency management plan; and
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m. Containment release detection.
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Chapter 17A.04
FISH AND WILDLIFE HABITAT CONSERVATION AREAS
Sections:
17A.04.010 Purpose and Intent.
17A.04.020 Designation, Mapping.
17A.04.030 Buffers.
17A.04.040 General Protection Standards.
17A.04.050 Permitted Alterations and Development.
17A.04.060 Reporting.
17A.04.070 Mitigation Requirements.
17A.04.010 Purpose and Intent.
The purpose of this chapter is to identify, designate, and protect regulated critical fish and
wildlife species and habitats, including anadromous species and their habitats, consistent
with best available science.
17A.04.020 Designation, and Mapping, and Classification.
1. Designation. Fish and wildlife habitat conservation areas include:
a. Waters of the state.
b. Areas with which federally-designated endangered, threatened, and sensitive fish
and wildlife species have a primary association. The U.S. Fish and Wildlife Service
and the National Marine Fisheries Service should be consulted for current federal
listing status.
c. Areas with which state-designated endangered, threatened, and sensitive fish and
wildlife species have a primary association. The Washington State Department of
Fish and Wildlife should be consulted for current state listing status.
d. State priority habitats and areas associated with state priority species. The
state Department of Fish and Wildlife should be consulted for current listing of priority
habitats and species.
e. Habitats and species of local importance. Kittitas County recognizes that the
priority habitats and species designated by the Washington Department of Fish and
Wildlife that occur within the County are locally important and are hereby designated
as habitats and species of local importance.
f. Naturally occurring ponds smaller than twenty (20) acres.
g. Lakes, ponds, streams, and rivers planted with game fish by a government or tribal
entity.
h. State natural area preserves, natural resource conservation areas. Natural area
preserves and natural resource conservation areas are defined, established, and
managed by the Washington State Department of Natural Resources.
i. State wildlife areas. State wildlife areas are defined, established, and managed by
the Washington State Department of Fish and Wildlife.
2. Mapping. The approximate location and extent of fish and wildlife habitat conservation areas
are shown on the County’s critical area maps or other BAS sources, such as the WDFW
Priority Habitats and Species maps, the United States Fish and Wildlife Service, and the
NOAA Fisheries critical habitat maps. These maps are to be used as a guide and do not
provide definitive information about fish and wildlife habitat conservation area size or
presence. Fish and wildlife habitat conservation areas may exist that do not appear on the
maps. The County shall update the maps periodically as new fish and wildlife habitat
conservation areas are identified and as new information becomes available.
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3. Habitat boundary survey. If the Director determines that a fish and wildlife habitat
conservation area may be present within the project vicinity, he/she may require the habitat
area to be delineated and/or mapped by a qualified professional who is knowledgeable about
fish and wildlife habitat conservation areas within Kittitas County, or confirmed by the
Washington Department of Fish and Wildlife. The existing maps showing the locations of fish
and wildlife habitat conservation areas are coarse-scaled, and for planning purposes only. A
survey performed by a qualified biologist may be necessary to determine the precise
boundary of a habitat area. Unless otherwise defined in this Chapter, the boundary of
aquatic habitats shall be the ordinary high water mark of the waterbody. The management
recommendations for Washington’s priority habitats and species or federal equivalent should
be used as a tool for identifying and delineating fish and wildlife habitat boundaries. The
County may waive this requirement if there is adequate information available on the area
proposed for development to determine the impacts of the proposed development and
appropriate mitigating measures.
4. Waters of the state classification. For purposes of this Chapter, Kittitas County hereby
adopts the water typing system specified in WAC 222-16-030, as described below:
a. Type S: all waters, within their ordinary high water mark, meeting the criteria as
“shorelines of the state” and “shorelines of statewide significance” under RCW
Chapter 90.58. The current list of Shoreline waters, along with their specific
shorelines environments, is provided in the Kittitas County Shoreline Master Program
(KCC Title 17B). Type S streams and lakes are protected by the Shoreline Master
Program, rather than through this Title.
b. Type F: segments of natural waters other than Type S Waters, which are within the
bankfull widths of defined channels and periodically inundated area of their
associated wetlands, or within lakes, ponds, or impoundments having a surface area
of 0.5 acre or greater at seasonal low water and which in any case contain fish
habitat.
c. Type Np: all segments of natural waters within the bankfull width of defined channels
that are perennial non-fish habitat stream. Perennial stream waters do not go dry any
time of a year of normal rainfall. However, for the purpose of water typing, Type Np
Waters include the intermittent dry portions of the perennial channel below the
uppermost point of perennial flow.
d. Type Ns: All segments of natural waters within the bankfull width of the defined
channels that are not Type S, F, or Np waters. These are seasonal, non-fish habitat
streams in which surface flow is not present for at least some portion of a year of
normal rainfall and are not located downstream from any stream reach that is a Type
Np, F or S Water. Ns Waters must be upstream from and physically connected by an
above-ground channel system to Type S, F, or Np Waters. [WAC 222-16-030]
17A.04.030 Riparian Management Zones and Buffers.
1. Purpose. Riparian Management Zones (RMZs) and Buffers shall be established and
maintained to protect fish and wildlife habitat conservation areas. RMZs refer to areas
established and maintained to protect streams. Buffers refer to areas established and
maintained to protect nonaquatic fish and wildlife habitat conservation areas.
2. Measurement. RMZs for streams shall be measured in all directions from the ordinary high
water mark (OHWM) as identified in the field. Building setbacks (17A.01090.5) are in addition
to RMZs and buffers and are measured outward from the edge of the RMZ or buffer
boundary. (See 17A.04.030(8) for information regarding nonaquatic fish and wildlife habitat
conservation area buffers.)
3. RMZ and Buffer Condition. RMZs and buffers shall be maintained in a predominantly well-
vegetated and undisturbed condition to ensure that they perform their intended function of
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protecting the FWHCA. Tree removal is prohibited in RMZs and FWHCA buffers other than
in accordance with 17A.01.050.3.j.
4. Standard Riparian Management Zones for Waters of the State.
Table 17A.04.030-4 Standard RMZ Widths
Kittitas County Nonshoreline Rivers, Streams, Lakes and Ponds
(does not include building setback [KCC 17A.01.090.5])
Stream Type
Riparian Management Zone Widths1,2
Cascade Ecoregion
(feet)
Columbia Plateau
Ecoregion (feet)
Type S (Shoreline) See the SMP See the SMP
Type F 150 100
Type Np 100 65
Type Ns 50 40
1 Interrupted RMZs: When a fish and wildlife habitat conservation area RMZ contains an
existing legally established public or private road, the Director may allow an alteration or
development on the landward side of the road provided that the alteration or development
will not have a detrimental impact to the habitat area. The Director may require a habitat
management plan if – after considering the hydrologic, geologic, and/or biological habitat
connection potential and the extent and permanence of the buffer interruption – such a plan
is deemed necessary to confirm the lack of detrimental impact on the habitat area.
2 Multiple RMZs: In the event that RMZs for any fish and wildlife habitat conservation area
are contiguous or overlapping, the most protective of the collective RMZs shall apply.
3 The Cascade and Columbia Plateau Ecoregions are derived from the Water Resource
Inventory Areas (WRIA) 38, 39, and 40 ecoregion boundaries. The Cascade Ecoregion
includes North Cascades, Cascades, and Eastern Cascade Slopes and Foothills ecoregions.
The Columbia Plateau Ecoregion includes the shrub-steppe ecoregion known as the
Columbia Plateau.
5. Increased RMZs. The Director shall increase the fish and wildlife habitat conservation area
RMZ width where the standard RMZ is inadequate to prevent significant adverse
environmental impacts or to address hazards associated with the site or the proposed
alteration or development. The Director may increase the buffer up to a maximum of two
times the standard width. The Director shall consider increasing the RMZ when any of the
following conditions are present:
a. The composition, quality and density of the buffer vegetation is insufficient to
protect the habitat area;
b. There is evidence of historical or current susceptibility to severe erosion, channel
instability, or aggrading;
c. There are multiple channels or islands present; or
d. 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 such that an increased buffer may
be required to protect ecological functions.
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6. Riparian Management Zone or Buffer averaging. The Director may allow averaging of the
standard RMZ or buffer widths of fish and wildlife habitat sites in accordance with an
approved habitat management plan on a case-by-case basis. With RMZ or buffer averaging,
the RMZ or buffer width is reduced in one location and increased in another location to
maintain the same overall standard area. Proposals for RMZ or buffer averaging shall meet
all the following:
a. The Fish and wildlife habitat conservation area RMZ or 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 RMZ or buffer averaging will not reduce habitat functions or adversely
affect anadromous fish habitat;
d. The minimum width of the RMZ or buffer at any given point is at least seventy-
five percent (75%) of the standard width, or thirty (30) feet, whichever is
greater; and
e. The area that is added to the RMZ or buffer to offset the reduction is well-
vegetated or will be densely planted with native vegetation along with
monitoring and management to ensure that it becomes so. The Director may
require such native vegetation enhancement if needed to ensure this criterion
is met.
8. Buffers for non-aquatic habitats. Appropriate site- and species-specific buffers for
nonaquatic fish and wildlife habitat conservation areas shall be based upon best available
science, and recommendations by the Washington Department of Fish and Wildlife or a
qualified professional biologist. Buffers will be measured in all directions from the habitat
boundary, as mapped by the Washington State Department of Fish and Wildlife or qualified
professional pursuant to 17A.04.020 and verified by the Director.
a. Interrupted Buffers: When a fish and wildlife habitat conservation area buffer contains
an existing legally established public or private road and/or a legally established
development which creates a significant interruption of buffer function, the Director
may allow an alteration or development on the opposite side of the road from the
habitat area provided that the actions will not have a detrimental impact to the habitat
area. The Director may require a habitat management plan if – after considering the
hydrologic, geologic, and/or biological habitat connection potential and the extent and
permanence of the buffer interruption – such a plan is deemed necessary to confirm
the lack of detrimental impact on the habitat area.
b. Multiple buffers: In the event that buffers for any fish and wildlife habitat conservation
area or other critical area (including RMZs) are contiguous or overlapping, the most
protective of the collective buffers shall apply.
17A.04.040 General Protection Standards.
1. Alterations. All alterations and development shall be prohibited from fish and wildlife habitat
conservation areas and their buffers, except in accordance with this Title. A fish and wildlife
habitat conservation area, RMZ, or buffer may be altered only if the proposed alteration of
the habitat and/or any required compensatory mitigation does not degrade the functions and
values of the habitat.
2. Mitigation requirement. Mitigation of alterations to fish and wildlife habitat conservation
areas and their buffers shall meet the requirements of KCC 17A.04.030.
3. Anadromous fish. All alterations and development proposed to be located in aquatic fish
and wildlife habitat conservation areas used by anadromous fish or in areas that affect such
aquatic habitat areas shall give special consideration to the preservation and enhancement
of anadromous fish habitat, including, but not limited to, adhering to the following standards:
a. An alternative alignment or location for the alteration or development is not feasible;
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b. The alteration or development is designed so that it will not degrade the functions or
values of the fish habitat or other critical areas;
c. Stream bank erosion control measures shall be designed to use bioengineering
methods or soft armoring techniques, according to the WDFW Integrated Stream
Bank Protection Guidelines (WDFW, 2003) (an approved habitat management plan,
and
d. Any impacts to the functions or values of the aquatic fish and wildlife habitat
conservation area are mitigated in accordance with a habitat management plan.
4. Timing restrictions.
a. Fish. In-water work alteration or development shall be timed to occur only during the
allowable work window as designated by the Washington State Department Fish and
Wildlife (WDFW) for the applicable species and aquatic fish and wildlife habitat
conservation area type.
b. Wildlife. The County shall impose limitations on construction activities during
breeding and/or nesting periods for priority species when necessary to protect the
species and avoid adverse impacts. Appropriate timing restrictions for wildlife
species shall be based upon best available science and WDFW recommendations.
17A.04.050 Permitted Alterations and Development.
The following alterations and development may be permitted in fish and wildlife habitat
conservation areas and/or their riparian management zones or buffers when all feasible
measures have been taken to avoid and mitigate adverse effects on species and habitats
and a net loss of habitat functions will not occur.
1. Clearing and grading. When clearing and grading is permitted in a fish and wildlife habitat
conservation area or its associated RMZ or buffer as part of an authorized alteration or
development or as other allowed in these standards, the following shall apply:
a. Grading is allowed only during the dry season, as determined by the Director;
b. Clearing and grading shall be limited to the minimum necessary to accomplish the
alteration or development; and
c. Erosion and sediment control will meet or exceed the standards set forth in the
current version of the Stormwater Manual for Eastern Washington.
2. Stream bank stabilization. Stream bank stabilization and protection shall be permitted
subject to all the following standards, and those standards described in WDFW’s Integrated
Streambank Protection Guidelines (WDFW, 2003), WDFW’s 2012 Stream Habitat
Restoration Guidelines (SHRG), and KCC 17A.01.120.4:
a. Natural riverine processes, including channel migration, will be maintained to the
maximum extent practicable;
b. The alteration or development will not result in increased erosion and will not alter
the size or distribution of stream substrate;
c. Nonstructural measures, such as placing or relocating the development further from
the aquatic habitat area, planting vegetation, or installing on-site drainage
improvements, are not feasible or not sufficient to protect the stream bank;
d. Stabilization is achieved through bioengineering or soft armoring techniques; and
e. Hard bank armoring may occur only when the property contains a primary, already
existing, legally-established, permanent structure, which is unable to be relocated,
that is in danger from erosion caused by riverine processes, as documented in a
geotechnical analysis prepared by a qualified professional. The armoring shall not
expand beyond the original structural footprint, unless necessary to protect existing
permanent buildings, roads or utility infrastructure adjacent to the bank, and shall not
increase erosion or flooding on adjacent properties.
3. Docks and launching ramps. Construction, reconstruction, repair, and maintenance of
docks and public or private launching ramps are subject to all the following, and those
standards described in KCC 17A.01.120.4:
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a. The dock or ramp is located and oriented and constructed in a manner that
minimizes adverse effects on water quality, movement of aquatic and terrestrial life,
ecological processes, spawning habitat, and wetlands;
b. Docks and ramps shall meet or exceed all relevant state and federal permit
requirements; and
c. No adverse impact to fish or wildlife habitat areas or associated wetlands will occur.
4. Roads, trails, bridges, and rights-of-way. Construction of trails, roadways, and bridges
through or across streams, other fish and wildlife habitat conservation areas and/or their
RMZs or buffers are subject to all the following, and those standards described in WDFW’s
Water Crossing Guidelines and KCC 17A.01.120.4:
a. There is no other feasible alternative route with less impact on the fish and wildlife
habitat conservation area;
b. The crossing minimizes interruption of downstream movement of wood, ice,
sediment, and the movement of all fish and wildlife. Bridges are preferred for all
stream crossings and should be designed to maintain the existing stream substrate
and gradient, provide adequate horizontal clearance on each side of the ordinary
high water mark, and provide adequate vertical clearance above the ordinary high
water mark;
c. Roads within a stream buffer shall not run parallel to the water body when there is an
alternative alignment that has less adverse effect on stream functions;
d. Trails shall be located on the outer edge of the fish and wildlife habitat conservation
area buffer, except for limited viewing platforms and at the crossing, and shall use
pervious materials where feasible;
e. Stream crossings, where necessary, shall be perpendicular with the stream, or as
close to perpendicular as possible, and shall be the minimum width necessary.
Common or shared crossings are the preferred approach where multiple properties
can be accessed by one crossing; and
f. Culverts and bridges shall be designed according to applicable state and federal
guidance criteria for fish passage as identified in Fish Passage Design at Road
Culverts, WDFW, 2003, and/or the National Marine Fisheries Services Guidelines for
Anadromous Salmonid Passage Facility Design, 2011, (and subsequent revisions) or
WDFW’s Water Crossing Design Guidelines (WDFW, 2013). The applicant or
property owner shall maintain fish passage through the culvert.
5. Utility facilities. New utility lines and facilities may cross streams or Fish and wildlife habitat
conservation areas if they comply with the following standards, and those standards
described in KCC 17A.01.120.4:
a. There is no other feasible alternative route with less impact on the Fish and wildlife
habitat conservation area;
b. Installation at a stream crossing shall be accomplished by boring beneath the scour
depth and hyporheic zone of the stream and the entire channel migration zone width,
where feasible;
c. Where boring under the channel is not feasible. the utilities shall cross at an angle of
no less than sixty (60) degrees, but as close to ninety (90) degrees as possible,
relative to the centerline of the channel;
d. Crossings shall be contained within the footprint of an existing road, bridge or utility
crossing where possible;
e. The utility route shall avoid paralleling the stream or following a down-valley course
near the channel; and
f. The utility installation shall not increase or decrease the natural rate of channel
migration.
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6. Instream structures. Instream structures shall only be allowed as part of a County-
approved restoration project. The structure shall be designed to avoid modifying flows and
water quality in ways that may adversely affect habitat conservation areas.
7. Stormwater conveyance and discharge facilities. Stormwater conveyance or discharge
facilities such as dispersion trenches, level spreaders, and outfalls may be placed within the
outer 25% of a standard fish and wildlife habitat conservation area buffer on a case-by-case
basis when the Director determines that all the following are met:
a. Due to topographic or other physical constraints, there are no feasible locations for
these facilities outside the standard fish and wildlife habitat conservation buffer;
b. The discharge is located as far from the ordinary high water mark (OHWM) as
possible and in a manner that minimizes disturbance of soils and vegetation;
c. The discharge outlet is located in the outer 25% of the standard buffer and is
designed to prevent erosion and promote infiltration; and
d. The discharge meets state water quality standards, including total maximum daily
load (TMDL) standards as appropriate at the point of discharge.
8. Onsite sewage systems and wells.
a. New on-site sewage systems and/or individual wells may be placed within standard
aquatic fish and wildlife habitat conservation area buffers only if:
i. There are no alternative locations outside of the buffer;
ii. It complies with all state and local regulations; and
iii. The onsite sewage system and/or well is accessory to an approved
residential structure, for which it is not feasible to connect to a public sanitary
sewer system, and is subject to approval by the Director on a case by case
basis.
b. Repairs to failing on-site sewage systems associated with an existing structure shall
be accomplished by utilizing one of the following methods that result in the least
impact:
i. Connection to an available public sanitary sewer system;
ii. Replacement with a new on-site sewage system located in a portion of the
site that has already been disturbed by development and is located landward
from the habitat area as far as possible, provided the proposed sewage
system is in compliance with the Kittitas County Health Department; or
iii. Repair to the existing on-site septic system.
17A.04.060 Reporting.
1. When required. If a proposed development is located within or adjacent to a known or
suspected fish and wildlife habitat conservation area, the Director shall require the applicant
to submit a habitat management plan prepared by a qualified professional, defined in KCC
17A.02.620, which includes the information listed in this section. The requirement to provide
a habitat management plan for fish and wildlife habitat conservation areas may be waived on
a case by case basis if the Director determines that there are no potential direct and/or
indirect impacts on designated species or habitats that would result from the proposed
development.
2. Contents. When required by this chapter, habitat management plans for habitat
conservation shall include the general critical areas report requirements, as described in
KCC 17A.01.080, in addition the following:
a. Identification of any state or federal endangered, threatened, sensitive, or candidate
species that have a primary association with habitat on the project area;
b. Map showing the location of the ordinary high water mark and/or locations of fish and
wildlife habitat conservation area(s) and their buffers in accordance with KCC
17A.04.020;
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c. The vegetative, faunal, topographic, and hydrologic characteristics of the fish and
wildlife habitat conservation area;
d. A discussion of any federal, state, or local special management recommendations,
including Washington Department of Fish and Wildlife habitat management
recommendations, that have been developed for species or habitat located on or
adjacent to the project area;
e. A detailed discussion of the direct and/or indirect potential impacts on the fish and
wildlife 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;
f. The general mitigation plan requirements of KCC 17A.01.080 as well as the fish and
wildlife habitat conservation area mitigation requirements of KCC 17A.04.070, if the
alteration or development will result in unavoidable impacts to fish and wildlife habitat
conservation areas; and
g. Methods and measures to avoid, minimize and/or compensate for adverse impacts
associated with the proposed development, including, but not limited to:
i. Prohibition or limitation of use, alteration, and development within the fish
and wildlife habitat conservation area;
ii. Retention of vegetation and/or re-vegetation of areas/habitats critically
important to species;
iii. Special construction techniques;
iv. Implementation of erosion and sediment control measures;
v. Habitat restoration or enhancement (e.g., fish passage barrier removal);
vi. Seasonal restrictions on construction activities on the subject property;
vii. Clustering of alterations or development on the subject property; and
viii. Any other requirements and/or recommendations from federal, state, or local
special management recommendations, including the Washington State
Department of Fish and Wildlife’s habitat management guidelines.
17A.04.070 Mitigation Requirements.
1. General Mitigation Requirements. Mitigation for alteration or impacts to fish and wildlife
habitat conservation areas shall achieve equivalent or greater biological functions and shall
include mitigation for adverse impacts upstream and downstream of the development project
site. Mitigation shall address each functional attribute affected by the alteration to achieve
functional equivalency or improvement on a per function basis. Mitigation elements may
include, but are not limited to: restoration of previously degraded areas and key habitat
features; restoration of riparian vegetation communities to provide shade and large woody
debris; addition of large woody debris; and installation of upland habitat features.
2. Buffer for aquatic habitat conservation mitigation sites. Any aquatic fish and wildlife
habitat conservation area that is created, restored, or enhanced as compensation for
approved alterations shall be assigned the same buffer as would be required for the category
of the original aquatic fish and wildlife habitat conservation area.
3. Type of mitigation required. In determining the extent and type of mitigation required, the
Director may consider all the following:
a. The ecological processes that affect and influence habitat structure and function
within the watershed or sub-basin;
b. The individual and cumulative effects of the action upon the functions of the critical
area and associated watershed;
c. Observed or predicted trends regarding the gains or losses of specific habitats or
species in the watershed, in light of aggregated natural and human processes;
d. The likely success of the proposed mitigation measures;
e. Effects of the mitigation actions on neighboring properties; and
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f. Opportunities to implement restoration actions formally identified by any of the
following plans (or equivalent plans): an adopted shoreline restoration plan; a
watershed planning document prepared and adopted pursuant to Chapter 90.82
RCW; and/or a salmonid recovery plan or project that has been identified on the
Salmon Recovery Board Habitat Project List or by the Washington State Department
of Fish and Wildlife as essential for fish and wildlife habitat enhancement.
4. Timing. Where feasible, mitigation projects shall be completed prior to or concurrently with
permitted and approved alterations and development that will disturb fish and wildlife habitat
conservation areas. In all other cases, as approved by the Director, mitigation shall be
completed as quickly as possible following disturbance and, aside from monitoring
requirements, shall be completed prior to use or occupancy of the alteration or development.
Construction of mitigation projects shall be timed to reduce impacts to existing fish, wildlife
and flora; provided, that the Director may adjust the timing requirements to allow grading,
planting, and other alterations to occur during the appropriate season(s).
5. Location. Compensatory mitigation shall be provided on-site or off-site in the location that
will provide the greatest ecological benefit to the species and/or habitats affected and have
the greatest likelihood of success. Mitigation shall occur as close to the impact site as
possible, within the same sub-basin, and in a similar habitat type as the permitted alteration
unless the applicant demonstrates to the satisfaction of the Director through a watershed- or
landscape-based analysis that mitigation within an alternative sub-basin of the same
watershed would have greater ecological benefit.
6. Design. Mitigation projects involving in-water work including, but not limited to, stream
relocation and installation of engineered large woody debris structures shall be professionally
engineered and designed to ensure there are no adverse hydraulic effects on upstream or
downstream properties, and shall comply with all applicable permits such as a hydraulic
project approval (HPA) from the WA Department of Fish and Wildlife.
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Chapter 17A.05
FREQUENTLY FLOODED AREAS
Sections:
17A.05.010 Purpose and Intent.
17A.05.020 Classification, designation and mapping.
17A.05.030 Protection Standards.
17A.05.040 Reporting.
17A.05.050 Compensatory Mitigation Requirements.
17A.05.010 Purpose and Intent.
It is the purpose of this chapter to reduce the risk to life, property damage, and public facilities that
result from floods; mitigate flood hazards that may be exasperated by climate change; and to protect
fish and wildlife habitat conservation areas that occur wholly or partially within frequently flooded
areas.
17A.05.020 Classification, designation, and Mapping.
1. Mapped areas. All lands classified as floodway or special flood hazard areas in the Federal
Emergency Management Agency report titled “The Flood Insurance Study for the County of
Kittitas County” dated November 5, 1980, as now or hereafter amended, with accompanying
Flood Insurance Rates and Boundary Maps, are designated as frequently flooded areas. The
study and maps are on file at Kittitas County.
2. Other areas. The Flood Insurance Study maps may not show all potential flood hazard
areas. Kittitas County may designate unmapped frequently flooded areas. Such
designations may be appealed pursuant to KCC 14.08.160. The Director’s designation of an
unmapped frequently flooded area shall be based upon the following criteria:
a. Documented history of flooding;
b. Presence of alluvial fan hazards and/or channel migration zones;
c. Evidence of stream channel instability and susceptibility to erosion, and/or
d. High groundwater flood hazards
17A.05.030 Protection Standards.
1. Avoidance. All new development shall be located outside of frequently flooded areas, if at all
possible and will follow the standard mitigation sequencing process, as defined in KCC
17A.01.100.
2. Floodplain storage. New uses or developments shall not reduce the effective flood storage
volume, alter the direction of flood flows, or concentrate flood flows within a frequently
flooded area. If proposed grading, fill, or other alteration or development would reduce
effective flood storage volume, then flood storage mitigation per KCC 17A.05.050 is required.
17A.05.040 Reporting.
The Director’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 KCC
14.08.130, the general critical areas report requirements of KCC 17A.05.040, and the
following:
1. The nature, location, dimensions, and elevations of the project property;
2. Names and location of all lakes, water bodies, streams, and drainage facilities within
three hundred (300) feet of the site;
3. The proposed drainage system including, but not limited to, storm sewers, overland
flow paths, detention facilities, and roads;
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4. Existing and proposed structures, fill, pavement, and other impervious surfaces, and
locations for storage of hazardous materials;
5. Existing native vegetation and proposed clearing limits; and
6. If the proposed development involves grading, excavation, or filling, include proposed
post-development terrain at one (1) foot contour intervals.
17A.05.050 Compensatory Mitigation Requirements.
1. Floodplain storage. If development occurs within a frequently flooded area, the volume of
space occupied by the authorized fill or structure below the base flood elevation shall be
compensated for and balanced by a hydraulically equivalent volume of excavation taken
from below the base flood elevation. Compensatory storage shall comply with KCC
14.08.315 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. Provide flood storage that is hydrologically connected to the source of flooding;
c. Provide flood storage in an area that is vegetated;
d. Consider the existing and future ecological hydrologic functions of the impact and
mitigation sites;
e. Result in no net rise of flood elevations (when the mitigation will occur at a distance
from the fill location);
f. Areas below the waterline of a pond or other body of water cannot be credited as
compensatory storage;
g. Provide flood storage in the same construction season as when the displacement of
flood storage volume occurs and before the flood season begins; and
h. 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.
2. Floodplain storage site selection. The order of preference for selecting floodplain storage
sites shall be:
a. Onsite flood storage;
b. Off-site flood storage in close proximity upstream or downstream of the floodplain fill
location; and
c. Off-site flood storage in a location further upstream or downstream of the floodplain
fill location.
3. Floodplain storage mitigation plans. When required by KCC 17A.05.050.2, floodplain
storage mitigation plans shall be prepared by an engineer or geologist licensed in the state of
Washington and address the general mitigation plan requirements of KCC 17A.01.080 as
well as the following:
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 development which are not
subject to flood or erosion damage;
e. Relationship of the proposed development to any comprehensive flood hazard
managements plans adopted pursuant to RCW Chapter 86.12;
f. Safety of access to the property in times of flooding for ordinary and emergency
vehicles;
g. Expected heights, velocity, duration, rate or 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;
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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; potential for ice jams and resulting changes to stream flow
patterns; shifting of stream channels (including related erosion); and 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.
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Chapter 17A.06
GEOLOGICALLY HAZARDOUS AREAS
Sections:
17A.06.010 Purpose and Intent
17A.06.020 Designation, Classification, and Mapping
17A.06.030 General Protection Standards
17A.06.040 Landslide Hazard Area Standards
17A.06.050 Erosion Hazard Area Standards
17A.06.060 Alluvial Fan Hazard Standards
17A.06.070 Seismic Hazard Standards
17A.06.080 Volcanic Hazard Areas
17A.06.090 Mine Hazard Areas
17A.06.100 Reporting
17A.06.010 Purpose and Intent
The purpose of this Chapter is to protect human life and safety, prevent damage to
structures and property, and minimize impacts to water quality and fish and wildlife caused
by geologic hazards.
17A.06.020 Designation, Classification, and Mapping
1. Designation. Lands classified as landslide, erosion (including channel migration zones),
alluvial fan, seismic, and mine hazard areas, are hereby designated as geologically
hazardous areas.
2. Classification.
a. Potential Landslide Hazard Areas. Landslide hazard areas shall include areas
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. Potential landslide hazard areas include but are not limited to the
following areas:
i. Areas of historic failures;
ii. Areas designated as quaternary slumps, earth-flows, mudflows, or landslides
on maps published by the U.S. Geological Survey or Washington State
Department of Natural Resources;
iii. Areas with all three (3) of the following characteristics:
1. Slopes steeper than fifteen percent (15%);
2. Hillsides intersecting geologic contacts with a relatively permeable
sediment overlying a relatively impermeable sediment or bedrock;
and
3. Springs or groundwater seepage;
iv. Areas that have shown movement and/or are underlain or covered by mass
wastage debris;
v. Slopes that are parallel or sub-parallel to planes of weakness (which may
include but not be limited to bedding planes, soft clay layers, joint systems,
and fault planes) in subsurface materials;
vi. Slopes having gradients steeper than eighty percent (80%) subject to rock
fall during seismic shaking;
vii. Areas that show evidence of, or are at risk from snow avalanches; and
viii. 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 competent bedrock.
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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;
ix. Potentially unstable slopes resulting from river erosion or undercutting;
x. Areas that show past sloughing or calving of sediment or rocks resulting in a
steep slope that is poorly vegetated;
xi. Deep-seated landslide areas characterized by one or more of the following
features: scalloped ridge crests at the top of the slope, crescent shaped
depressions, head scarps, side scarps, ponds or sag areas on mid slopes,
benches and scarps on mid slope areas, hummocky ground, linear fractures
in the ground. These features may be evident in aerial images, topographic
maps, LiDAR imagery or on the ground;
xii. Areas below unstable slopes or that have been identified as landslide hazard
areas that could be impacted by landslide run out; and
xiii. Areas above or adjacent to unstable slopes that could be impacted if the
landslide area expands.
b. Potential Erosion Hazard Areas. Erosion hazard areas shall include areas
containing soils that may experience significant erosion, including:
i. Soil areas identified by the Natural Resources Conservation Service as
having “severe” or “very severe” erosion hazard.
ii. Slopes forty percent (40%) or steeper with a vertical relief of ten (10) or more
feet, except areas composed of consolidated rock.
iii. 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.
iv. Channel migration zones, which are defined as the areas along a river or
stream 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.
c. Alluvial Fan Hazard Areas. Alluvial fan hazard areas shall include those areas on
alluvial fans where debris flows, debris floods, or clear water floods have the
potential to significantly damage or harm the health or welfare of the community.
They include the area generally corresponding to the path of potential flooding,
channel changes, sediment and debris deposition, or debris flow paths as
determined by analysis of watershed hydrology and slope conditions, topography,
valley bottom and channel conditions, potential for channel changes, and surface
and subsurface geology.
i. If the approval authority determines that a proposed use along a Type S or F
stream is within a historic channel migration zone, based on field conditions,
historic information, LIDAR imagery or aerial photography, and the one-
hundred-year channel migration hazard area has not been mapped, the
approval authority shall require the applicant to determine if a one-hundred-
year channel migration hazard area is present on the site and, if so, delineate
its location and extent.
ii. The determination as to whether the one-hundred-year channel migration
hazard area affects the subject property shall be based on the findings of a
qualified professional proficient in fluvial geomorphology using a reliable
methodology to determine channel migration accepted by the department
(e.g., as described in the Washington Department of Natural Resources'
Forest Practices Board Manual, Standard Methods for identifying Channel
Migration Zones and Bankfull Channel Features, dated 8/2001, as amended;
or in "A Framework for Delineating Channel Migration Zones," Washington
Department of Ecology, 2003, as amended). Maps delineating the one-
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hundred-year channel migration hazard area shall be of a scale and format
specified by the department.
d. Seismic Hazard Areas. Seismic hazard areas shall include areas subject to severe
risk of damage as a result of earthquake induced ground shaking, slope failure,
settlement, soil liquefaction, lateral spreading, or surface faulting.
e. Volcanic Hazard Areas. Volcanic hazard areas shall include 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 likely limited to ash deposition.
f. Mine Hazard Areas. Mine hazard areas shall include areas underlain by abandoned
mine shafts, secondary passages between shaft 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.
3. Mapping. The approximate location and extent of geologically hazardous areas 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 geologically
hazardous area presence or extent. Other geologically hazardous areas may exist that do
not appear on the maps, and some geologically hazardous areas that appear on the maps
may not meet the geologically hazardous areas designation criteria. The County shall update
the maps periodically as new information becomes available and may require additional
studies during the development review process to supplement and/or confirm the mapping.
Historic maps showing the locations of known coal mines within the County are available
from the Washington Department of Natural Resources.
17A.06.030 General Protection Standards
1. Generally. New developments shall be located and/or engineered and constructed to
minimize risk to health and safety, protect the building and occupants from the hazard, and
not increase the risk of landslides or erosion that could impact either other properties, public
resources, or other critical areas such as wetlands and fish and wildlife habitat conservation
areas. If impacts to other properties, public resources or other critical areas cannot be
avoided these impacts should be mitigated for. The Director may impose conditions on
alterations and development 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 as well as minimizing impacts to stream and
river processes such as channel infill, channel migration or flooding;
c. Minimize the potential for property damage related to seismic events, erosion and/or
landslides;
d. Minimize the need for stream or river bank 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
2. Impact Avoidance. 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.
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3. Location of Alterations. New development shall be directed toward portions of a parcel or
parcels under contiguous ownership that are not subject to, or at risk from, geological
hazards and/or are outside any setback or buffer established by this Chapter.
4. Critical Facilities Prohibited. Critical facilities shall not be sited within landslide, erosion,
alluvial fan, or mine hazard areas unless there is no other practical alternative.
5. Review by Qualified Professional. A qualified geologist or engineering geologist, or
professional engineer licensed in the state of Washington, shall review development projects
that occur in potentially geologically hazardous areas to determine the risk. If development
takes place within an identified geologically hazardous area requiring design or structural
elements to mitigate the hazard, a report describing the geologically hazardous area and
conditions shall be prepared as described in KCC 17A.06.100, and the design shall be
approved by an qualified engineering geologist, or professional engineer licensed in State of
Washington with expertise in geologically hazard mitigation.
6. Life of Structure. Proposed developments shall be sited far enough from erosion and
landslide hazard areas to ensure at least one hundred (100) years of useful life for the
proposed structure(s) or infrastructure. The location should be determined by a qualified
geologist or engineering geologist, licensed in the state of Washington and be should be
based on site specific evaluation of the landslide and/or erosion hazard.
17A.06.040 Landslide Hazard Area Standards
1. Generally. Alterations and development may be allowed adjacent to landslide hazard areas,
provided that all responsible measures have been taken to minimize risks and other adverse
effects, and the amount and degree of the alteration are limited to minimum needed to
accomplish the project purpose. Prior to approving a new alteration or development in or
adjacent to a landslide hazard area the Director shall determine that all the following
standards are met:
a. A minimum setback equal to the height of the slope or 40 feet, whichever is greater
or as recommended in an approved geotechnical report;
b. The alteration or development includes all appropriate measures to eliminate,
reduce, or otherwise mitigate risks to health and safety;
c. The alteration or development is located outside of a landslide hazard area and any
required setback, as determined by a qualified engineer, engineering geologist, or
geologist, licensed in the state of Washington;
d. The alteration or development will not decrease slope stability on adjacent
properties;
e. The alteration or development shall not increase the risk or frequency of landslide
occurrences;
f. The removal and disturbance of vegetation, clearing, or grading shall be limited to
the area of the approved alteration or development;
g. The alteration or development will not increase surface water discharge or
sedimentation to adjacent properties beyond predevelopment conditions;
h. The proposed alterations will not adversely impact other critical areas; and
i. Structures and improvements including drainage and vegetation management are
designed to have no impact on the slope stability; and
j. If development takes place within an identified geologically hazardous area, the
development must be designed to fully mitigate the risk to the structure(s) and not
increase the risk to the public, other properties or public infrastructure or resources.
2. Permitted Alterations and Development. The following alterations and development may
be allowed in landslide hazard areas when all reasonable measures have been taken to
minimize risks and other adverse effects associated with landslide hazards, and when the
amount and degree of alteration is limited to the minimum needed to accomplish the
alteration or development:
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a. Above-Ground Utility Lines and Pipes. Utility lines and pipes that are above-
ground, properly anchored and/or designed so that they will not increase the risk or
consequences of static or seismic slope instability or result in an increased risk of
mass wasting. Such utility lines may be permitted only when the applicant
demonstrates that no other feasible alternative is available to serve the affected
population. For pipelines, automatic shut off valves should be located as close as
practical to the landslide area so that the release from the pipe upon breakage is
minimized.
b. Access Roads and Trails. Access roads and trails that are engineered and built to
standards that avoid the need for major repair or reconstruction beyond that which
would be required in non-hazard areas. Access roads and trails may be permitted
only if the applicant demonstrates that no other feasible alternative route exists.
Standards to minimize impacts may be specified by the Director.
c. Stormwater Conveyance. Stormwater conveyance through a properly designed
stormwater pipe when no other stormwater conveyance alternative is available. The
pipe shall be located above-ground and be properly anchored and/or designed so
that it will continue to function in the event of a slope failure or movement of the
underlying materials and will not increase the risk or consequences of static or
seismic slope instability or result in increased risk of mass wasting activity.
3. Setbacks. The Director shall require setbacks from the edges of any landslide hazard area
in accordance with the following:
a. The size of the setbacks shall be based on the findings of a qualified engineering
geologist or geologist, licensed in the state of Washington, and shall protect critical
areas and minimize the risk of property damage, death, or injury resulting from
landslides caused in whole or part by the alteration or development and shall be
sized to provide protection for a period of at least 100 years based on the
assessment of the geologic processes within the landslide hazard area;
b. The setback above the landslide hazard area shall include consideration of
hydrologic contribution to the landslide area and/or the area subject to the potential
for mass movement, and the setback down slope from the landslide hazard area
shall include consideration of landslide run out; and
c. The Director shall have the authority to require appropriate management of
vegetation or land use within the setback area to minimize the risk of increasing the
risk of landslides.
17A.06.050 Erosion Hazard Area Standards
1. Generally. Alterations or development may be allowed within erosion hazard areas, provided
that all responsible measures have been taken to minimize risks and other adverse effects
with erosion hazards, and the amount and degree of the alteration are limited to minimum
needed to accomplish the project purpose. Prior to approving a development or alteration in
or adjacent to an erosion hazard area, a report will be prepared as defined in KCC
17A.06.100. Based on this information, the Director shall determine whether all the following
standards are met.
a. The alteration or development includes all appropriate measures to eliminate or
otherwise mitigate risks to health and safety;
b. The alteration or development includes best management practices to prevent,
control and minimize erosion;
c. The alteration or development will not increase erosion potential;
d. The removal and disturbance of vegetation, clearing, or grading shall be limited to
the area of the approved alteration or development;
e. The alteration or development will not increase surface water discharge or
sedimentation to adjacent properties beyond predevelopment conditions, as
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documented in a geologically hazardous area risk assessment and/or geotechnical
report;
f. The proposed alterations will not adversely impact other critical areas; and
g. Structures and improvements are designed to minimize alterations to the erosive
soils and slopes.
2. Channel Migration Zones. If County maps or consultation by the Director with qualified
professionals or agencies with expertise indicate that a potential channel migration zone
hazard exists on or adjacent to a proposed development site, the applicant shall either:
a. Locate the proposed development outside of an already defined channel migration
hazard area as indicated on the map; or
b. Submit a Channel Migration Zone Report, as described in KCC 17A.06.100 prepared
by a qualified geologist, or engineering geologist, or professional engineer, licensed
in the state of Washington with experience in analyzing channel response in the
fluvial systems of the Pacific Northwest.
3. Permitted Alterations and Development in Channel Migration Zones. The following
alterations and development shall be allowed as specified below and previous sections:
a. Surface Water Discharge. Discharge of surface water, provided there are no other
alternatives for discharge. The pipe shall be located on the surface of the ground and
be properly anchored so that it will continue to function under erosion conditions and
not create or contribute to adverse effects on downstream critical areas.
b. Utility Lines. Utility lines, when no feasible location is available. Above-ground lines
shall be anchored and/or designed so that it will not preclude or interfere with
channel migration. Below ground lines shall be of sufficient depth as to not be
affected by future channel migration.
c. Public Roads, Bridges, and Trails. Public roads, bridges, and trails when no
feasible alternative alignment is available. Facilities shall be designed such that the
roadway prism and/or bridge structure will not be susceptible to damage from active
erosion.
d. Stream Bank Stabilization. Stream bank stabilization may be permitted subject to
all of the standards listed in KCC 17A.04.050.
4. CMZ Buffers or Setbacks. Based upon the results of the channel migration zone
assessment, the Director shall prohibit or limit use or development within a channel migration
zone and may require a setback or a buffer of undisturbed natural vegetation from the edge
of the channel migration zone in accordance with the following:
a. The size of the setback or buffer shall be based on the findings of a qualified
engineer, engineering geologist, or geologist, licensed in the state of Washington,
and shall protect critical areas and processes and minimize the risk of property
damage, death, or injury resulting from channel migration;
b. The buffer shall include the area subject to bank failure as a result of erosion; and
c. If the designated buffer lacks adequate woody vegetation, the Director shall have the
authority to require vegetation enhancement or other measures to improve natural
channel processes and large wood recruitment.
17A.06.060 Alluvial Fan Hazard Standards
1. Permitted Alteration and Development. Alluvial fan hazards will be determined by County
maps, LIDAR, and aerial photography. The following alterations and development may be
allowed in alluvial fan hazard areas, after accounting for restrictions defined by other critical
area regulations, when all reasonable measures have been taken to minimize risks and other
adverse effects associated with alluvial fan hazards, and when the amount and degree of
alteration are limited to the minimum needed to accomplish the alteration or development:
a. Roads, Utilities, Bridges, and Other Infrastructure. Roads, utilities, bridges, and
other infrastructure when located and designed to prevent adverse impacts on critical
55
areas and avoid the need for channel dredging or diking or other maintenance
activities that have the potential to substantially degrade river and stream functions.
b. Residential and Commercial Developments. Permanent residential structures and
commercial developments shall be allowed in alluvial fan hazard areas only if the
alluvial fan has undergone a County-approved study to assess potential hazards,
determine risks, and identify mitigation measures and is deemed suitable for
development. The Director shall make this determination based on a detailed
assessment by a qualified engineer, engineering geologist, or geologist, licensed in
the state of Washington, that identifies the risks associated with a 500-year return
period debris flow or the maximum credible event that could impact the alluvial fan.
c. Accessory Structures. Accessory structures not involving human occupancy shall
be allowed.
17A.06.070 Seismic Hazard Standards
1. Permitted Alterations and Development. Alterations and development within seismic
hazard areas shall follow the provisions of the Kittitas County-adopted version of the Uniform
Building Code. Alterations and development within seismic hazard areas shall not require the
submission of a geologically hazardous area risk assessment or geotechnical report.
17A.06.080 Volcanic Hazard Areas
1. Permitted Alterations and Development. Because volcanic hazards in Kittitas County are
limited to ash deposition, alterations and development located only within volcanic hazard
areas, and not other geologically hazardous areas, shall not require the submission of a
geologically hazardous area risk assessment or geotechnical report.
17A.06.090 Mine Hazard Areas
1. Alteration. There are no additional protection standards for mine hazard areas; the
standards of KCC 17A.06.030 shall apply.
17A.06.100 Reporting
1. Geologically Hazardous Area Risk Assessment . If a proposed development is located
within or adjacent to a known or suspected landslide, mine, alluvial fan, or erosion hazard
area, the applicant shall submit a Geologically Hazardous Area Risk Assessment prepared
by a qualified professional geologist or engineering geologist. No further analysis shall be
required if the Geologically Hazardous Area Risk Assessment concludes that the alteration
or development is not at risk from potential geologic hazards, and that there is no geologic
hazard present on or adjacent to the site.
If the Geologically Hazardous Area Risk Assessment and/or the Director concludes that a
geologically hazardous area is located on or adjacent to the alteration or development and/or
the alteration or development is at risk from potential geologic hazards, the applicant shall
submit a Geotechnical Report consistent with the provisions of KCC 17A.02.370,
andprepared by a qualified engineer or engineering geologist.
2. Geologically Hazardous Area Risk Assessment Contents. When required by this
Chapter, Geologically Hazardous Area Risk Assessments shall include the general critical
areas report requirements of KCC 17A.01.080 in addition to the following:
a. A description of the geology of the site and the proposed 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;
e. A conclusion as to whether further analysis is necessary; and
f. The signature and stamp of the engineering geologist, or geologist that prepared the
assessment.
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3. Geotechnical Report Contents. When required by this Title, the Geotechnical Report shall
include the general critical areas report requirements of KCC 17A.01.080 in addition to 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. Conclusion and recommendations regarding the effect of geologic conditions on the
proposed 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;
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 development and the
hazard to ensure the safety of the development; and
The signature and stamp of the engineer or engineering geologist who prepared the
Geotechnical Report.
4. Channel Migration Zones Studies Contents
When required by this Chapter, Channel Migration Zone Studies shall include the general critical
areas report requirements of KCC 17A.01.080, and shall demonstrate the following:
a. The parcel on which the development is proposed is effectively protected
(disconnected) from channel movement due to the existence of permanent levees
that are actively 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
b. The proposed 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), presence of adjacent toe slope
landslide hazard areas, surficial geology, low soil erosion potential, lack of evidence
of likely avulsion pathways (including areas upstream of, but proximate to, the site),
and/or 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
alteration 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 location 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.
57
Chapter 17A.07
WETLANDS
Sections:
17A.07.010 Purpose and Intent
17A.07.020 Designation, Mapping, Delineation, and Categorization
17A.07.030 Buffers
17A.07.040 General Protection Standards
17A.07.050 Permitted Alterations and Development
17A.07.060 Reporting
17A.07.070 Mitigation Requirements
17A.07.010 Purpose and Intent
The purpose of this Chapter is to maintain the biological and physical functions and values of
wetlands with respect to groundwater recharge and discharge, water quality, stormwater and
floodwater retention, storage and conveyance, fish and wildlife habitat conservation areas,
recreation, and education.
17A.07.020 Designation, Mapping, Delineation, and Categorization
1. Designation. Wetlands are those areas that are inundated or saturated by surface 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, 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, most current National Wetland Inventory (NWI), and other best available
science sources. 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 wetland areas that
appear on the maps may not meet all of the wetland designation criteria. The County shall
update the maps periodically as new wetland areas are identified and as new wetland
information becomes available.
3. Delineation. The County may require the applicant to identify the location or presence of any
wetlands within two hundred fifty (250) feet of a proposed development. Wetlands shall be
identified and delineated by a qualified wetland professional in accordance with the approved
federal wetland delineation manual and applicable regional supplements. This professional
shall field stake, flag or otherwise mark the 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. Wetlands that occur outside of 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 determined and disclosed in order to
assess wetland buffer impacts.
4. Categorization. Wetlands shall be categorized by a qualified wetland professional in
accordance with the current version of the Washington State Wetland Rating System for
Eastern Washington and the appropriate rating forms approved by the Washington State
Department of Ecology. These categories are generally defined as follows:
58
a. 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 to replace within a human lifetime or provide
a high level of functions. Category I wetlands include:
i. Alkali wetlands;
ii. Wetlands with high conservation value that are identified by scientists of the
Washington Department of Natural Resources Natural Heritage Program;
iii. Bogs and calcareous fens;
iv. Mature and old-growth forested wetlands over ¼ acre with slow-growing
trees;
v. Forests with stands of aspen; and
vi. Wetlands scoring between twenty-two and twenty-seven (22-27) points in the
Eastern Washington Rating System.
b. 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 over ¼ acre with fast-growing trees;
iii. Vernal pools; and
iv. Wetlands scoring between nineteen and twenty-one (19-21) points in the
Eastern Washington Rating System.
.
c. Category III wetlands have a moderate level of functions and score between sixteen
and eighteen (16-18) points in the Eastern Washington Rating System. These
wetlands can be often adequately replaced with a well-planned mitigation
project. Category III wetlands generally have been disturbed in some ways, and are
often less diverse or more isolated from other natural resources in the landscape
than Category II wetlands.
d. Category IV wetlands have the lowest level of functions and are often heavily
disturbed. They score fewer than sixteen (16) points in the Eastern Washington
Rating System. These are wetlands that can usually be replaced, and in some cases
improved. However, experience has shown that replacement cannot be guaranteed
in any specific case. These wetlands may provide some important functions and also
need to be protected.
17A.07.030 Buffers
1. Purpose. Buffers shall be established and maintained to protect the functions and values of
regulated wetlands.
2. Measurement. Wetland buffers shall be measured horizontally in all directions from the
outer edge of wetland boundary as established in the field. Building setbacks (KCC
17A.01.090.4) are in addition to wetland buffers and are measured outward from the edge of
the wetland buffer boundary.
3. Buffer Condition. Wetland buffers shall be maintained in a predominantly well-vegetated
and undisturbed condition to ensure that they perform their intended function of protecting
the wetland. Tree removal is prohibited in wetlands and wetland buffers other than in
accordance with KCC 17A.01.050.3.h.
4. Standard Buffer Widths. The width of the standard buffer does not include the building
setback (KCC 17A.01.090.4) and shall be based on the wetland category and the intensity of
the proposed land use adjacent to the buffer as indicated in Table KCC 17A.07.030.
59
Table 17A.07.030: Standard Buffer Widths
Category of Wetland Land Use with
Low Impact1
Land Use with
Moderate Impact2
Land Use with
High Impact3
I 125 ft 190 ft 250 ft
II 100 ft 150 ft 200 ft
III 75 ft 110 ft 150 ft
IV 25 ft 40 ft 50 ft
1 Low impact 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 Moderate impact 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.
3 High impact 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).
5. 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 Title, re-vegetation with native vegetation shall be required. The
Kittitas County noxious weed ordinance shall be adhered to. Alterations of the buffer that are
inconsistent with this Title shall be prohibited.
6. 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.
7. Interrupted buffer. When a wetland buffer contains an existing legally established public or
private road and/or a legally established development which creates a significant interruption
of buffer function, the Administrator may allow development on the landward side of the road
or development provided that the actions 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.
8. 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.
9. Increased Buffers. The Director shall increase the wetland buffers widths where the
standard buffer is inadequate to prevent significant adverse environmental impacts or
address hazards associated with the site or the proposed development. The Director may
increase the buffer up to a maximum of two times the standard width. When determining
how much to increase the standard buffer, the Director shall consider the following
conditions:
a. Whether the wetland provides habitat for 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
60
b. Whether the land adjacent to the wetland is susceptible to severe erosion, and
erosion control best management practices will not effectively prevent adverse
wetland impacts.
11. Buffer Averaging. The Director may allow averaging of the standard buffer widths in
accordance with an approved critical areas report on a case-by-case basis. With buffer
averaging, the buffer width is reduced in one location and increased in another location to
maintain the same overall buffer area. In such cases, the minimum width of the buffer at any
given point shall be at least seventy-five percent (75%) of the standard width, or twenty-five
(25) feet, whichever is greater. Proposals for buffer averaging shall meet all the following:
a. The wetland buffer has not been averaged or reduced by any prior actions;
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 the wetland would benefit from a wider buffer in places and would not be
adversely impacted by a narrower buffer in other places;
d. The averaging will not have a significant adverse impact on wetland functions
and values; and
e. The area that is added to the buffer to offset the reduction will be well-vegetated.
The Director may require vegetation enhancement if needed to ensure this
criterion is met.
12. Mitigation for Buffer Averaging. Prior to approving a request for wetland buffer averaging,
the Director shall ensure the development is designed to separate and screen the wetland
from impacts such as noise, glare, vegetation trampling, intrusion, etc to the degree feasible.
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 a 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 as may be required by the
Director (e.g., orient buildings to screen parking lots and store entrances from critical areas).
13. Allowed Buffer Uses. The Director may allow the following alterations and development
within a wetland buffer provided that 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 or enhancing the soil,
water, vegetation, or wildlife.
b. The following passive recreation facilities designed in accordance with an approved
critical areas report:
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; and
ii. Wildlife viewing structures less than five hundred (500) square feet in size,
including hunting blinds.
c. Stormwater management facilities, limited to stormwater conveyance and dispersion
facilities, outfalls and bioswales, may be allowed within the outer twenty-five percent
(25%) of the buffer of wetlands in accordance with an approved critical areas report
provided that:
i. No other location is feasible;
ii. The facility is designed to meet or exceed the standards set forth in the
current version of the Stormwater Manual for Eastern Washington; and
iii. The location of such facility will not degrade the functions or values of the
wetland.
61
17A.07.040 General Protection Standards
1. Alterations. New development shall be located outside of wetlands and their buffers, unless
this Title specifically allows the development to occur in the wetland or buffer. A wetland or
buffer may not be altered if the proposed alteration will result in a net loss of wetland
functions and values. Developments shall be designed to avoid and minimize wetland and
buffer impacts to the maximum extent practicable and to offset unavoidable impacts through
compensatory mitigation as required in KCC 17A.07.070
17A.07.050 Alterations and Development Permitted without a Critical Areas Report
The following alterations and development are permitted in wetlands and/or buffers and do
not require submission of a critical areas report, provided they are have met requirements
listed in KCC 17A.01.120.4 and are designed to avoid and minimize wetland and buffer
impacts to the maximum extent practicable, but are subject to review by the Director:
1. Conservation and Preservation Activities. Conservation or preservation of soil, water,
vegetation, fish, and other wildlife that does not entail permanently changing or altering the
structure or functions of the existing wetland.
2. Wetland Enhancement. Enhancement of a wetland through the removal of non-native
invasive species, provided that the weed removal does not require soil excavation or grading
and provided that weed material is removed from the site and disposed of at an approved
location. Bare areas that remain after weed removal shall be re-vegetated with native shrubs,
trees and herbs/forbs native to Kittitas County.
17A.07.060 Reporting
1. When Required. If a proposed development is located within or adjacent to a known or
suspected wetland, the Director shall require the applicant to submit a wetland critical areas
report prepared by a qualified professional that includes the information listed in this Section.
a. The requirement to provide a wetland critical areas report may be waived for a
single-family residence where no encroachment into a regulated wetland or its
standard buffer will occur. Prior to issuance of a building permit, site development
permit, or on-site sewage system permit, the applicant shall submit a single-family
wetland certification form completed by a wetland specialist that certifies either:
i. No regulated wetlands are present within 250 feet of the project area; or
ii. Wetlands are present within 250 feet of the project area, but all regulated
alterations and development associated with the dwelling (i.e., landscaped
areas, septic facilities, outbuildings, etc.) will occur outside of the standard
buffer of the identified wetland.
1. If regulated wetland buffers extend onto the site and are within 250
feet of the project area, the wetland specialist shall place permanent,
clearly visible, wetland buffer signs at the edge of the buffer. A
wetland buffer sign affidavit, signed by the wetland specialist, shall be
submitted to the Department as verification that the wetland buffer
signs have been placed on the site.
2. The single-family certification form may be used only to authorize
single-family dwellings and associated homesite features such as
garages, driveways, gardens, fences, wells, lawns, and on-site septic
systems. It may not be used for new agricultural activities, expansion
of existing agricultural activities, forest practice activities, commercial
projects, land divisions, buffer width modifications, or violations. The
single-family form may not be used to make a claim for exemption.
a. The single-family certification process will be monitored by
the Department for accuracy, and enforcement actions will be
initiated should encroachment into a regulated wetland or
buffer occur.
62
b. The applicant/property owner assumes responsibility for any
and all errors of the single-family certification form and all
associated mitigation imposed by the Department.
c. Single-family certification forms shall be filed with the Kittitas
County Auditor's Office in accordance with the department
standards.
2. Contents. When required by this Title, wetland critical areas reports shall include the general
critical areas report requirements of KCC 17A.01.080 in addition to the following:
a. Map showing the location of all wetlands and required buffers within two hundred fifty
(250) feet of the proposed development; and
b. An analysis of the onsite wetland(s) including the following site- and proposal-related
information:
i. Historical and Existing On site and Surrounding Land use /Conditions
ii. Wetland acreage;
iii. Wetland category;
iv. Soils and Soil Attributes
v. Hydrogeomorphic position (HGM);
vi. Cowardin Classification and Upland/Wetland Vegetation Characterization
vii. Hydroperiods;
viii. A description of the Federal methodologies used to conduct the wetland
delineations;
ix. Priority Habitats and Species;
x. Wetland delineation data sheets for the appropriate region;
xi. Wetland rating and forms;
xii. Wetland Functional Analysis;
xiii. Federal, State, and County Regulatory Discussion with buffer
recommendations;
xiv. A detailed discussion of the project, direct and/or indirect potential impacts on
the wetland by the project; and if impacts are expected;
xv. A discussion of measures, including the general mitigation sequence
requirements of KCC 17A.01.100 proposed to preserve and protect existing
wetlands;
xvi. A wetland mitigation plan meeting the requirements of KCC 17A.07.010, if
the alteration or development will result in unavoidable impacts to wetlands
or their buffers.
17A.07.070 Mitigation Requirements
1. Generally. Compensatory mitigation is required for all unavoidable alterations to wetland or
their buffers, except for buffer averaging when done in accordance with KCC 17A.07.030.7.
Compensatory mitigation actions shall replace functions affected by the alteration and shall
provide equal or greater functions compared to the impacted wetland.
2. Buffer for Wetland Mitigation Sites. Any wetland 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 wetland.
3. Mitigation Timing. Mitigation projects shall be completed prior to or concurrently with
permitted alterations and development that will disturb wetlands. In all other cases, mitigation
shall be completed immediately following disturbance and prior to use or occupancy of the
alteration or development. Construction of mitigation projects shall be timed to reduce
impacts to existing fisheries, wildlife, and flora.
63
4. Delay in Mitigation. The Director 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.
5. Preference of Mitigation Actions. Compensatory wetland mitigation shall occur in the
following order of preference:
a. Purchasing credits from an approved Mitigation Bank if available and feasible,
Purchasing credits from an approved In-Lieu Fee program if available and feasible,
and Permittee Responsible Mitigation (PRM).
b. In order of preference, the following PRM methods are available: (1) Restoration [re-
establishment or rehabilitation], (2) Establishment [creation], (3) Preservation of
existing high quality habitats, and (4) Enhancement of degraded wetlands..
6. Replacement Ratios for Wetland Impacts. Ratios for compensatory mitigation shall be as
specified in Table KCC 17.07.070.6. The first number specifies the acreage of replacement
wetlands, and the second specifies the acreage of wetlands altered. Compensatory
mitigation shall restore, rehabilitate, create, 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. The
Director may increase these ratios for remedial mitigation actions resulting from unauthorized
wetland alterations, depending on the nature and extent of the alteration. These ratios do not
apply to the use of credits from a certified wetland mitigation bank or in-lieu fee program.
When credits from a certified bank or in-lieu fee program are used, replacement ratios should
be consistent with the requirements of the bank’s/program’s certification.
Table 17A.07.070.6: Wetland Mitigation Ratios
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 1.5:1 3:1 6:1
64
Category
and Type
of
Impacted
Wetland
Restoration or
Creation1,2 Rehabilitation1,2 Enhancement
Only1,3
Category
IV
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 sub-basin scale. Rehabilitation
actions often focus on restoring environmental processes that have been disturbed or altered by
previous and/or 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).
7. Increased Replacement Ratios. The Director may increase the wetland mitigation ratios
stated in Table KCC 17A.07.070.6 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;
c. Proposed mitigation will result in a lower category wetland or reduced functions
relative to the wetland being impacts; or
d. The impact was an unauthorized impact.
8. Alternative Mitigation Ratios. The Director 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.
9. Mitigation Ratios for Wetland Buffer Impacts. To mitigate impacts to functions and values
of wetland 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 buffer is
proposed as mitigation, a higher mitigation ratio may be required. For any proposed wetland
buffer alterations or development, the applicant must show that the functions and values of
the altered wetland buffer will be fully replaced by the proposed mitigation. The Director may
increase the buffer mitigation ratios under the following circumstances:
a. 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.
b. Uncertainty exists as to the probable success of the proposed restoration or creation;
c. A significant period of time will elapse between impact and replication of wetland
functions;
d. The impact was an unauthorized impact.
10. Mitigation Plans. Compensatory wetland mitigation plan shall be consistent with “Guidance
on Wetland Mitigation in Washington State Part 2: Developing Mitigation Plans” (Ecology
Publication # 06-06-011b), or as revised. Mitigation plans shall include the general mitigation
plan requirements in KCC 17A.01.100, as well as the following information:
a. Existing and proposed wetland acreage;
b. Vegetative and faunal conditions;
65
c. Surface and subsurface hydrologic conditions including an analysis of existing and
future hydrologic regime and proposed hydrologic regime for enhanced, created, or
restored mitigation areas;
d. Relationship within watershed and to existing waterbodies;
e. Soils and substrate conditions, topographic elevations;
f. Existing and proposed adjacent site conditions;
g. Required wetland buffers (including any buffer reduction or averaging and mitigation
proposed to enhance buffers);
h. Property ownership;
i. A discussion of ongoing management practices that will protect wetlands after the
project site has been developed, including proposed monitoring and maintenance
programs and an addition to the property’s title identifying the wetland as a mitigation
area;
A bond estimate for the installation (including site preparation, plant materials and installation,
fertilizers, mulch) and the proposed monitoring and maintenance work for the required number of
years, pursuant to KCC 17A.01.100.
EXHIBIT B
CRITICAL AQUIFER
RECHARGE AREAS (CARA) MAP
Ya k imaRiver
TeanawayRiver
C
le
Elu
m
River
§¨¦90
§¨¦82
¬«97 0
£¤97
Kittitas CountyYakima County
Kittitas CountyChelan County
KITTITAS
CLE ELUM
ELLENSBURG
ROSLYN
Kittitas County Critical Areas Ordinance Critical Aquifer Recharge Areas
[0 6 123Miles
Legend
Kitttitas County Boundary
City Lim its
Interstate
Principal
SMA Stream s
SMA Lakes
Basins
Surficial HydrogeologicUnit
Columbia River Basalts
Older Bedrock
Unconsolidated Deposit
Unconsolidated DepositWithin Kittitas & RoslynBasins
Gro up A WellheadProtection Areas
6 Month Time of Travel
1 Year Time of Travel
5 Year Time of Travel
10 Year Time of Travel
!Group B Wellheads
Data Sources: Kittitas County, Ecology, USGS
Areas within the unconsolidated deposit within Kittitasand Roslyn basins and all Group A wellhead protectionareas are designated CARAs per KCC Title 17A
September 22, 2021
EXHIBIT C
KITTITAS COUNTY
ECOREGIONS MAP