Disclaimer: This web site is provided for informational purposes
only. Although every effort has been made to provide accuracy, all
information and resources shown are not official. Neither Kittitas
County nor any of its agencies, officials or employees guarantees
the accuracy of any information on this web site. Reliance upon the
information contained on or accessed through this web site is
entirely at your own risk. Kittitas County reserves the right to
make changes without notice. The official hard copy is available in the Commissioners' office.
Sections Article I. Authority 15.04.010 Authority.
Article II. General Requirements 15.04.020 Purpose and adoption by reference. 15.04.025 Abrogation. 15.04.030 Additional definitions. 15.04.040 Designation of responsible official. 15.04.050 Lead agency determination and responsibilities. 15.04.060 Additional timing considerations.
Article III. Categorical Exemptions and Threshold Determinations 15.04.080 Purpose and adoption by reference. 15.04.090 Flexible thresholds for categorical exemptions. 15.04.100 Use of exemptions. 15.04.110 Environmental checklist. 15.04.120 Mitigated DNS.
Article IV. Environmental Impact Statements 15.04.130 Purpose and adoption by reference. 15.04.140 Preparation and review of EIS - Responsibilities and process.
Article V. Commenting 15.04.150 Adoption by reference. 15.04.160 Public notice. 15.04.170 Designation of official to perform consulted agency responsibilities for the county.
Article VI. Using Existing Environmental Documents 15.04.180 Purpose of this part and adoption by reference.
Article VII. SEPA and Agency Decisions 15.04.190 Purpose and adoption by reference. 15.04.200 Substantive authority. 15.04.210 Appeals.
Article VIII. Definitions 15.04.220 Purpose of this part and adoption by reference.
Article IX. Categorical Exemptions 15.04.230 Adoption by reference.
Article X. Agency Compliance 15.04.240 Purpose of part and adoption by reference. 15.04.250 Fees. 15.04.255 Severability.
Article XI. Forms 15.04.260 Adoption by reference.
* Prior legislation: Ords. 84-5, 93-19, 96-19 and 97-10.
Article I. Authority
15.04.010 Authority. The county adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA),
RCW 43.21C.120, and the SEPA rules,
WAC 197-11-904. This title contains the county's SEPA procedures and policies. The SEPA rules, Chapter
197-11 WAC, must be used in conjunction with this chapter. (Ord. 98-10 (part), 1998).
Article II. General Requirements
15.04.020 Purpose and adoption by reference. This part contains the basic requirements that apply to the SEPA process. The county adopts the following sections of Chapter
197-11 WAC by reference:
GMA project review - Reliance on existing plans, laws, and regulations
197-11-210
SEPA/GMA integration
197-11-220
SEPA/GMA definitions
197-11-228
Overall SEPA/GMA integration procedures
197-11-230
Timing of an integrated GMA/SEPA process
197-11-232
SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping
197-11-235
Documents
197-11-238
Monitoring
(Ord. 98-10 (part), 1998).
15.04.025 Abrogation. This chapter is not intended to repeal, abrogate, or interfere with the procedures established by
Titles 15A and 15B of this code. (Ord. 98-10 (part), 1998).
15.04.030 Additional definitions. In addition to those definitions contained within
WAC 197-11-700 through
197-11-799, when used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise:
Department
Any division, subdivision or organizational unit of the county established by ordinance, rule or order.
The ordinance, resolution, or other procedure used by the county to adopt regulatory requirements.
Early notice
The county's response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant's proposal (mitigated determination of nonsignificance (DNS) procedures).
For public proposals, the head (administrative official) of the department making the proposal shall be the responsible official. For private proposals, the head (administrative official) of the department with primary responsibility for approving the permits and licenses for the proposal shall be the responsible official. When multiple officials have permitting authority, the assignment of responsibility shall be reached by agreement.
For all proposals for which the county is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the
"lead agency" or "responsible official" by those sections of the SEPA rules that were adopted by reference in
WAC 173-806-020.
The county shall retain all documents required by the SEPA rules (Chapter
197-11 WAC) and make them available in accordance with Chapter
RCW 42.17. (Ord. 98-10 (part), 1998).
15.04.050 Lead agency determination and responsibilities.
The department within the county receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under
WAC 197-11-050 and
197-11-922 through
197-11-940; unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency.
When the county is the lead agency for a proposal, the department receiving the application shall determine the responsible official who shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS.
When the county is not the lead agency for a proposal, all departments of the county shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No county department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under
WAC 197-11-600. In some cases, the county may conduct supplemental environmental review under
WAC 197-11-600.
If the county or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of
WAC 197-11-922 through
197-11-940, it may object to the determination. Any objections must be made to the agency originally making the determination and resolved within fifteen days of receipt of the determination, or the county must petition the Department of Ecology for a lead agency determination under
WAC 197-11-946 within the fifteen-day time period. Any such petition on behalf of the county may be initiated by the planning commission.
Departments of the county are authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under
WAC 197-11-942 and
197-11-944; provided, that the responsible official and any department that will incur responsibilities as the result of such agreement approve the agreement.
Any department making a lead agency determination for a private project shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal. (That is: Which agencies require nonexempt licenses). (Ord. 98-10 (part), 1998).
15.04.060 Additional timing considerations. If the county's only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the county conduct environmental review prior to submission of the detailed plans and specifications. (Ord. 98-10 (part), 1998).
Article III. Categorical Exemptions and Threshold Determinations
15.04.080 Purpose and adoption by reference. This chapter contains the rules for deciding whether a proposal has a "probable significant adverse environmental impact" requiring an environmental impact statement (EIS) to be prepared. This part also contains rules for evaluating the impacts of proposals not requiring an EIS. The county adopts the following sections by reference, as supplemented in this part:
Determination of significance (DS)/initiation of scoping
197-11-390
Effect of threshold determination
(Ord. 98-10 (part), 1998).
15.04.090 Flexible thresholds for categorical exemptions.
Kittitas County establishes the following exempt levels for minor new construction under
WAC 197-11-800(1)(b) based on local conditions:
For residential dwelling units in
WAC 197-11-800(1)(c)(i): up to nine dwelling units.
For agricultural structures in
WAC 197-11-800(1)(b)(ii): (A) For projects located within urban growth areas: covering up to ten thousand square feet.
For projects located within all other areas: thirty thousand square feet.
For office, school, commercial, recreational, service or storage buildings in
WAC 197-11-800(1)(b)(iii): up to twelve thousand square feet of gross floor area and up to forty parking spaces.
For parking lots in
WAC 197-11-800(1)(b)(iv): up to forty parking spaces.
For landfills and excavations in
WAC 197-11-800(1)(b)(v): up to five hundred cubic yards.
Whenever the county establishes new exempt levels under this section, it shall send them to the Department of Ecology, Headquarters Office, Olympia, Washington, 98504 under
WAC 197-11-800(1)(c). (Ord.
2009-25, 2009; Ord. 98-10 (part), 1998).
Each department within the county that receives an application for a permit or, in the case of governmental proposals, the department initiating the proposal, shall determine whether the proposal is exempt. The department's determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter shall apply to the proposal. The county shall not require completion of an environmental checklist for an exempt action.
In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the department shall determine the lead agency, even if the license application that triggers the department's consideration is exempt.
If a proposal includes both exempt and nonexempt actions, the county may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:
The county shall not give authorization for:
Any nonexempt action;
Any action that would have an adverse environmental impact; or
Any action that would limit the choice of alternatives;
The department may withhold approval of exempt actions that would lead to modification of the physical environment, when such modification would have no purpose if nonexempt action(s) were not approved; and
The department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved. (Ord. 98-10 (part), 1998).
A completed environmental checklist (or a copy), in the form provided in
WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate or other approval not specifically exempted under this chapter; except, a checklist is not needed if the county and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The county shall use the environmental checklist to determine the lead agency and, if the county is the lead agency, for determining the responsible official and for making the threshold determination.
For private proposals, the county will require the applicant to complete the environmental checklist, providing assistance as necessary. For county proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.
The county may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if the county has technical information on a question or questions that is unavailable to the private applicant. (Ord. 98-10 (part), 1998).
As provided in this section and in
WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant.
An applicant may request in writing early notice of whether a DS is likely under
WAC 197-11-350. The request must:
Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and
Precede the county's actual threshold determination for the proposal.
The responsible official should respond to the request for early notice within fifteen working days. The response shall:
Be written;
State whether the county currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the county to consider a DS; and
State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit applications as necessary to reflect the changes or clarifications.
As much as possible, the county should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.
When the applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the county shall base its threshold determination on the changed or clarified proposal and should make the determination pursuant to
Title 15A of this code.
If the county indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the county shall issue and circulate a DNS under
WAC 197-11-340(2).
If the county indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the county shall make the threshold determination, issuing a DNS or DS as appropriate.
The applicant's proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to
"control noise" or "prevent stormwater runoff" are inadequate, whereas proposals to
"muffle machinery to X decibel" or "construct a 200-foot stormwater retention pond at Y location" are adequate.
Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.
A mitigated DNS is issued under
WAC 197-11-340(2), requiring a comment period and public notice pursuant to procedures under
Title 15A of this code, or
WAC 197-11-355(5) which may require no additional comment period beyond the comment period on the notice of application.
Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the county.
If the county's tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the county should evaluate the threshold determination to assure consistency with
WAC 197-11-340(3)(a) (withdrawal of DNS).
The county's written response under subsection (c) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the county to consider the clarifications or changes in its threshold determination. (Ord. 98-10 (part), 1998).
Article IV. Environmental Impact Statements
15.04.130 Purpose and adoption by reference. This chapter contains the rules for preparing environmental impact statements. The county adopts the following sections by reference, as supplemented by this part:
15.04.140 Preparation and review of EIS - Responsibilities and process.
Preparation of draft and final environmental impact statement (DEIS and FEIS) and all supplemental EIS material shall be the responsibility of the responsible official and lead agency. Before the county issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter
197-11 WAC.
The DEIS and FEIS or draft and final impact statements and any supplemental documents that are required shall be prepared by county staff, or by a consultant approved by Kittitas County in accordance with the following system:
The Kittitas County planning department shall prepare and maintain a list of qualified environmental consultants and firms. Any proposed consultant whose name is not on the list must submit a statement of qualifications including information on experience in the preparation of environmental impact statements. Upon approval of the submitted qualifications, the planning director shall add the name to the list of qualified consultants.
Any appeal on the selection or denial of a consultant shall be referred to the board of county commissioners whose decision on the matter will be final.
The county may require the applicant to provide additional information the county does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency. This does not apply to information the county may request under another ordinance or statute. (Ord. 98-10 (part), 1998).
Article V. Commenting
15.04.150 Adoption by reference. This chapter contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. The county adopts the following sections by reference, as supplemented in this part:
15.04.160 Public notice. Whenever possible, Kittitas County shall integrate the public notice required under this section with the notice procedures for nonexempt permits or approvals pursuant to
Title 15A of this code.
Whenever Kittitas County issues a DNS under
WAC 197-11-340(2), or a DS under
WAC 197-11-360(3), the county shall give public notice as follows:
If no public notice is required for the permit or approval, the county shall give notice of the DNS or DS by publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located.
If a DNS is issued using the optional DNS process, the public notice requirements for the notice of application as supplemented by the requirements in
WAC 197-11-355 will suffice to meet the SEPA public notice requirements.
Whenever the county issues a DS under
WAC 197-11-360(3), the county shall state the scoping procedure for the proposal in the DS as required in
WAC 197-11-408 and in the public notice.
Whenever the county issues a DEIS under
WAC 197-11-455(5) or a SEIS under
WAC 197-11-620, notice of the availability of those documents shall be given by:
Indicating the availability of the DEIS in any public notice required for a nonexempt license; and
Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located.
Whenever possible, the county shall integrate the public notice required under this section with existing notice procedures for the county's nonexempt permit(s) or approval(s) required for the proposal.
The county may require an applicant to complete the public notice requirements for the applicant's proposal at his or her expense. (Ord. 98-10 (part), 1998).
15.04.170 Designation of official to perform consulted agency responsibilities for the county.
The responsible official shall be responsible for preparation of written comments for the county in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS.
The responsible official shall be responsible for the county's compliance with
WAC 197-11-550 whenever the county is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the county. (Ord. 98-10 (part), 1998).
Article VI. Using Existing Environmental Documents
15.04.180 Purpose of this part and adoption by reference. This chapter contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the county's own environmental compliance. The county adopts the following sections by reference:
15.04.190 Purpose and adoption by reference. This chapter contains rules (and policies) for SEPA's substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This chapter also contains procedures for appealing SEPA determinations to agencies or the courts. The county adopts the following sections by reference:
The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the county.
The county may attach conditions to a permit or approval for a proposal so long as:
Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and
Such conditions are in writing; and
The mitigation measures included in such conditions are reasonable and capable of being accomplished; and
The county has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and
Such conditions are based on one or more policies in subsection (d) of this section and cited in the license or other decision document.
The county may deny a permit or approval for a proposal on the basis of SEPA so long as:
A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this chapter; and
A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and
The denial is based on one or more policies identified in subsection (d) of this section and identified in writing in the decision document.
The county designates and adopts by reference the following policies as the basis for the county's exercise of authority pursuant to this section:
The county shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may:
Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;
Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;
Preserve important historic, cultural, and natural aspects of our national heritage;
Maintain, wherever possible, an environment which supports diversity and a variety of individual choice;
Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and
Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
The county recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.
The county adopts by reference the policies in the following county codes, ordinances, resolutions and plans: Kittitas County Comprehensive Plan, Kittitas County Zoning Code, Kittitas County Subdivision Code, Kittitas County Shoreline Master Program, Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code and the Uniform Fire Code.
Except for permits and variances issued pursuant to
Section 2.04.020 of the county code, when any proposal or action not requiring a decision of the board of county commissioners is conditioned or denied on the basis of SEPA by a nonelected official, the decision shall be appealable to the county board pursuant to
Title 15A of this code. (Ord. 98-10 (part), 1998).
15.04.210 Appeals. Appeals procedures for SEPA documents issued pursuant to this chapter are found under
Titles 15A and 15B of this code. Persons considering either administrative or judicial appeal of any decision which involves SEPA are advised to read these titles and other applicable statutes.
A final threshold determination and/or final EIS issued in conjunction with a project permit application may be appealed pursuant to
Title 15A of this code. Such appeals shall be limited to review of the county's procedural compliance with Chapter
197-11 WAC.
A final threshold determination and/or final EIS issued in conjunction with the adoption of and/or amendment(s) to the Kittitas County Comprehensive Plan or Development Regulations may be appealed pursuant to
Title 15B of this code. Appeals of these documents shall be limited to judicial review. (Ord. 98-10 (part), 1998).
Article VIII. Definitions
15.04.220 Purpose of this part and adoption by reference. This part contains uniform usage and definitions of terms under SEPA. The county adopts the following sections by reference, as supplemented by
WAC 173-806-040:
15.04.230 Adoption by reference. The county adopts by reference the following rules for categorical exemptions, as supplemented in this chapter, including
WAC 173-806-070 (flexible thresholds),
WAC 173-806-080 (use of exemptions), and
WAC 173-806-190 (critical areas):
15.04.240 Purpose of part and adoption by reference. This part contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating categorical exemptions that do not apply within critical areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The county adopts the following sections by reference, as supplemented by
WAC 173-806-043 and this part:
Lead agency for private projects with one agency with jurisdiction
197-11-932
Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city
197-11-934
Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies
197-11-936
Lead agency for private projects requiring licenses from more than one state agency
197-11-938
Lead agencies for specific proposals
197-11-940
Transfer of lead agency status to a state agency
197-11-942
Agreements on lead agency status
197-11-944
Agreements on division of lead agency duties
197-11-946
DOE resolution of lead agency disputes
197-11-948
Assumption of lead agency status
(Ord. 98-10 (part), 1998).
15.04.250 Fees. The county shall require the following fees for its activities in accordance with the provisions of this chapter:
Threshold Determinations. For every environmental checklist the county will review when it is lead agency, the county shall collect a fee of fifty dollars from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of the fee.
Environmental Impact Statement.
When the county is the lead agency for a proposal requiring an EIS and the responsible official determines that an EIS shall be prepared by employees of the county, the county may charge and collect a reasonable fee from any applicant to cover costs incurred by the county in preparing the EIS. The responsible official shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.
The responsible official may determine that the county will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the county and may bill such costs and expenses directly to the applicant. The county may require the applicant to post bond or otherwise insure payment of such costs. Such consultants shall be selected by mutual agreement of the county and applicant after a call for proposals.
If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under (1) or (2) of this subsection which remain after incurred costs are paid.
The county may collect a reasonable fee from the applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant's proposal.
The county shall not collect a fee for performing its duties as a consulted agency.
The county may charge any person for copies of any document prepared under this chapter, and for mailing the document, in a manner provided by Chapter
42.17 RCW. (Ord. 98-10 (part), 1998).
15.04.255 Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected. (Ord. 98-10 (part), 1998).
Article XI. Forms
15.04.260 Adoption by reference. The county adopts the following forms and sections by reference:
The Kittitas County fire marshal may, after a written determination to the Kittitas County board of commissioners that there is an extreme fire hazard in the county, establish a prohibition against burning in incinerators, open burning, and recreational fires as such are defined in 1997 Uniform Fire Code, Article 11, Section 1102. The Kittitas County fire marshal shall notify the Kittitas County board of commissioners, in writing, when such a burning ban should be lifted because the period of extreme fire hazard has ceased.
The Kittitas County board of commissioners may rescind the establishment of a burn ban or modify
the condition of a burn ban upon petition to the board or upon the request for a meeting by a member of the board. Such rescission or modification by the board shall occur only after holding a public meeting on this matter. The issuance of a burn ban by the fire marshal is presumed valid and shall only be rescinded or modified upon entry of finding of facts from the record which clearly demonstrate that there is not an extreme fire hazard warranting the issuance of a burn ban or that the limitation of the burn ban are excessive under the circumstances.
The Kittitas County fire marshal may grant campgrounds or special events an exemption to a burn ban upon application to the county fire marshal and the payment of a processing fee in the amount of forty dollars per hour with a minimum of one hour. Any exemption shall contain such conditions as the fire marshal deems necessary to mitigate the concerns for extreme fire hazard (1997 Uniform Fire Code, Appendix II-A, Section 13). Such exemptions and conditions shall be in writing. A copy of such exemption (with conditions) shall be prominently posted at the burning site and shall be provided to the Kittitas County board of commissioners. Any party feeling aggrieved by a denial of a burn ban exemption or the conditions imposed as part of the grant of an exemption may appeal such decision to the Kittitas County board of commissioners. (Ord. 2002-08 (part), 2002: Ord. 94-17 § 1, 1994).
15.08.020 Open burning prohibited. It is unlawful to engage in burning in any unincorporated area in Kittitas County in an incinerator, open fire or recreational fire after the Kittitas County fire marshal has established the burn bans and prior to the bans being lifted unless such burning is conducted in accordance with a written exemption pursuant to Section 15.08.010(c). (Ord. 2002-08 (part), 2002: Ord. 94-17 § 2, 1994).
15.08.030 Violation - Penalty. Any person, company, firm, corporation or other legal entity who:
Violates Section 15.08.020 shall be guilty of an infraction, punishable by a fine of two hundred fifty dollars.
Violates Section 15.08.020 a second time within any twelve-month period shall be guilty of a misdemeanor, punishable by up to ninety days in jail and/or a fine of up to one thousand dollars.
Violates Section 15.08.020 three or more times within ten years shall be guilty of a gross misdemeanor, punishable by up to three hundred sixty-five days in jail and/or a fine of five thousand dollars. (Ord. 2002-08 (part), 2002: Ord. 94-17 § 3, 1994).
Disclaimer: This web site is provided for informational purposes
only. Although every effort has been made to provide accuracy, all
information and resources shown are not official. Neither Kittitas
County nor any of its agencies, officials or employees guarantees
the accuracy of any information on this web site. Reliance upon the
information contained on or accessed through this web site is
entirely at your own risk. Kittitas County reserves the right to
make changes without notice. The official hard copy is available in the Commissioners' office.
