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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 of this part and adoption by reference. 15.04.030 Additional definitions. 15.04.040 Designation of responsible official. 15.04.050 Lead agency - determination and - responsibilities. 15.04.060 Transfer of lead agency status to state agency. 15.04.070 Additional timing considerations.
Article III. Categorical Exemptions and Threshold Determinations 15.04.080 Purpose of this part and adoption by reference. 15.04.090 Flexible thresholds for categorical exemptions. 15.04.110 Use of exemptions. 15.04.115 Environmental checklist. 15.04.120 Mitigated DNS.
Article IV. Environmental Impact Statement (EIS) 15.04.125 Purpose of this part and adoption by reference. 15.04.130 Preparation of EIS - Additional considerations. 15.04.140 Additional elements to be covered in EIS.
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 Environnemental Documents 15.04.180 Purpose of this part and adoption by reference.
Article VII. SEPA and Agency Decisions 15.04.190 Purpose of this part and adoption by reference. 15.04.200 Substantive authority. 15.04.210 Appeals. 15.04.220 Notice/statute of limitations.
Article VIII. Definitions 15.04.230 Purpose of this part and adoption by reference.
Article IX. Categorical Exemptions 15.04.240 Adoption by reference.
Article X. Agency Compliance 15.04.250 Purpose of this part and adoption by reference. 15.04.260 Fees. 15.04.270 Administrative guidelines. 15.04.280 Severability.
Article XI. Forms 15.04.290 WAC 173-806-230 - Adoption by reference.
Article I. Authority
15.04.010 Authority. The county adopts this chapter under the State Environmental Policy Act
(SEPA), RCW 43.21C.120, and the SEPA procedures,
WAC 197-11-904. This chapter contains this
county's SEPA procedures and policies. The SEPA Rules,
Chapter 197-11 WAC, must be used
in conjunction with this chapter. (Ord. 2011-013, 2011)
Article II. General Requirements
15.04.020 Purpose of this part and adoption by reference. This article contains the basic requirements that apply to the SEPA process. The
county adopts the following sections of
Chapter 197-11 of the Washington
Administrative Code by reference, except as modified by additional definitions
under KCC 15.04.030.
WAC 197-11-040 Definitions 197-11-050 Lead agency. 197-11-060 Content of environmental review. 197-11-070 Limitations on actions during SEPA process. 197-11-080 Incomplete or unavailable information. 197-11-090 Supporting documents. 197-11-100 Information required of applicants. 197-11-158 GMA project review - Reliance on existing plans, laws, and
regulations. 197-11-164 Planned actions
- Definitions and criteria. 197-11-168 Ordinances or resolutions designating planned actions
- Procedures
for adoption. 197-11-172 Planned actions
- Project review 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. 197-11-250 SEPA/Model Toxics Control Act integration. 197-11-253 SEPA lead agency for MTCA actions. 197-11-256 Preliminary evaluation. 197-11-259 Determination of nonsignificance for MTCA remedial actions. 197-11-262 Determination of significance and EIS for MTCA remedial actions. 197-11-265 Early scoping of MTCA remedial actions. 197-11-268 MTCA interim actions. (Ord. 2011-013, 2011)
15.04.030 Additional definitions. In addition to those definitions contained within
WAC 197-11-700 through
197-11-799 and
197-11-220, 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). (Ord. 2011-013, 2011)
For those proposals for which the county is the lead agency, the responsible
official shall be the director of the department of community development or his
appointed designee.
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
Section
15.04.020.
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,
197-11-253, 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
197-11-253 or
197-11-922 through
197-11-940, it may object to the determination.
Any objection 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 must be initiated by the responsible official.
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.
When the county is lead agency for a MTCA remedial action, the department of
ecology shall be provided an opportunity under
WAC 197-11-253(5) to review the
environmental documents prior to public notice being provided. If the SEPA and
MTCA documents are issued together with one public comment period under
WAC
197-11-253(6), the county shall decide jointly with ecology who receives the
comment letters and how copies of the comment letters will be distributed to the
other agency. (Ord. 2011-013, 2011)
15.04.060 Transfer of lead agency status to a state agency. For any proposal for a private project where the county would be the lead agency
and for which one or more state agencies have jurisdiction, the county's
responsible official may elect to transfer the lead agency duties to a state
agency. The state agency with jurisdiction appearing first on the priority
listing in WAC 197-11-936 shall be the lead agency and the county shall be an
agency with jurisdiction. To transfer lead agency duties, the county's
responsible official must transmit a notice of the transfer together with any
relevant information available on the proposal to the appropriate state agency
with jurisdiction. The responsible official of the county shall also give notice
of the transfer to the private applicant and any other agencies with
jurisdiction over the proposal. (Ord. 2011-013, 2011)
For nonexempt proposals, the DNS or the final EIS for the proposal shall
accompany the county's staff recommendation to any appropriate advisory body,
such as the planning commission.
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. 2011-013, 2011)
Article III. Categorical Exemptions and Threshold Determinations
15.04.080 Purpose of this part and adoption by reference. This article 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:
RCW 43.21C.410 Battery charging and exchange station installation.
15.04.090 Flexible thresholds for categorical exemptions.
The 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)(b)(i): up to 9
residential dwelling units.
For agricultural structures in
WAC 197-11-800(1)(b)(ii):
up to 10,000 square feet of ground coverage within the boundaries of an urban
growth area; or
up to 30,000 square feet of ground coverage outside the boundaries of an
urban growth area. This exemption shall not apply to feed lots ;
For office, school, commercial, recreational, service or storage buildings in
WAC 197-11-800(1)(b)(iii): up to 8,000 square feet with associated parking up to
40 parking spaces;
For parking lots in
WAC 197-11-800(1)(b)(iv): up to 40 parking spaces;
For landfills and excavations in
WAC 197-11-800(1)(b)(v): up to 500 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. 2011-013, 2011)
Each department within the county that receives an application for a license
or, in the case of governmental proposals, the department initiating the
proposal shall determine whether the license and/or 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 apply to the proposal. The county shall
not require completion of an environmental checklist for an exempt proposal.
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.
A department may withhold approval of an exempt action that would lead to
modification of the physical environment, when such modification would serve no
purpose if nonexempt action(s) were not approved; and
A 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. 2011-013, 2011)
Except as provided in subsection (4) of this section, 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 in 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 either of
the following occurs:
The county has technical information on a question or questions that is
unavailable to the private applicant; or
The applicant has provided inaccurate information on previous proposals or on
proposals currently under consideration.
For projects submitted as planned actions under
WAC 197-11-164, the county
shall use its existing environmental checklist form or may modify the
environmental checklist form as provided in
WAC 197-11-315. The modified
environmental checklist form may be prepared and adopted along with or as part
of a planned action ordinance, or developed after the ordinance is adopted. In
either case, a proposed modified environmental checklist form must be sent to
the department of ecology to allow at least a thirty-day review prior to use. (Ord. 2011-013, 2011)
As provided in this section and
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 ten thirty 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
application 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 an 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 within fifteen days of receiving the changed or clarified
proposal:
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 storm water runoff' are inadequate, whereas
proposals to "muffle machinery to X decibels" or "construct 200-foot storm water
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 fourteen-day
comment period and public notice.
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 (2) 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. 2011-013, 2011)
Article IV. Environmental Impact Statement (EIS)
15.04.125 Purpose of this part and adoption by reference. This article contains the rules for preparing environmental impact statements.
The county adopts the following sections by reference, as supplemented by this
part:
15.04.130 Preparation of EIS
- Additional considerations.
Preparation of draft and final EIS's (DEIS and FEIS) and draft and final
supplemental EIS's (SEIS) is the responsibility of the department of community
development under the direction of the responsible official. Before the county
issues an EIS, the responsible official shall be satisfied that it complies with
this chapter and WAC Chapter 197-11.
The DEIS and FEIS or draft and final SEIS may be "prepared" by county staff
or by a consultant selected by the county or the applicant. If the responsible
official requires an EIS for a proposal and determines that someone other than
the county will prepare the EIS, the responsible official shall notify the
applicant immediately after completion of the threshold determination. The
responsible official shall also notify the applicant of the county's procedure
for EIS preparation, including approval of the DEIS and FEIS prior to
distribution.
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.
The county may require an applicant to provide 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 statutes). (Ord. 2011-013, 2011)
15.04.140 Additional elements to be covered in EIS.
The analysis of the following additional elements may be included as part of
the environment for the purpose of EIS content, but does not add to the criteria
for threshold determinations or perform any other function or purpose under this
chapter:
Economy;
Social policy analysis;
Cost-benefit analysis;
Any other element that may be dictated by special circumstances associated
with the proposal.
Inclusion of these elements in an EIS will be at the discretion of the
responsible official as determined by the scoping process. (Ord. 2011-013, 2011)
Article V. Commenting
15.04.150 Adoption by reference. This article 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:
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.
Whenever the 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 public notice is required for the nonexempt license, the notice shall
state whether a DS or DNS has been issued and when comments are due.
If an environmental document is issued concurrently with the notice of
application, the public notice requirements for the notice of application in
RCW
36.70B.110(4) will suffice to meet the SEPA public notice requirements in
WAC
197-11-510(1).
If no public notice is otherwise required for the permit or approval, the
county shall give notice of the DNS or DS by:
Posting the property, for site-specific proposals;
Publishing notice in a newspaper of general circulation in the county, city
or general area where the proposal is located; and
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.iv.
If a DNS is issued using the optional DNS process, the public notice
requirements for a notice of application in
RCW
36.70B.110(4) as supplemented by
the requirements in
WAC 197-11-355 will suffice to meet the SEPA public notice
requirements in
WAC 197-11-510(1)(b).
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
Posting the property, for site-specific proposals;
Publishing notice in a newspaper of general circulation in the county, city,
or general area where the proposal is located; and
Mailing a copy of the notice to property owners within five hundred feet of
the proposal.
Public notice for projects that qualify as planned actions shall be tied to
the underlying permit as specified in
WAC 197-11-172(3).
The county may require an applicant to complete the public notice
requirements for the applicant's proposal at his or her expense. (Ord. 2011-013, 2011)
15.04.170 Designation of official to perform consulted agency responsibilities
for the county.
The director of the department of community development or his/her appointed
designee 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 department of community development 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. 2011-013, 2011)
Article VI. Using Existing Environmental Documents
15.04.180 Purpose of this part and adoption by reference. This article 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 of Chapter 197-11 by reference:
WAC 197-11-164 Planned actions
- Definition and criteria. 197-11-168 Ordinances or resolutions designating planned actions
- Procedures
for adoption. 197-11-172 Planned actions
- Project review. 197-11-600 When to use existing environmental documents. 197-11-610 Use of NEPA documents. 197-11-620 Supplemental environmental impact statement
- Procedures. 197-11-625 Addenda
- Procedures. 197-11-630 Adoption
- Procedures. 197-11-635 Incorporation by reference
- Procedures. 197-11-640 Combining documents. (Ord. 2011-013, 2011)
Article VII. SEPA and Agency Decisions
15.04.190 Purpose of this article and adoption by reference. This article contains rules (and policies) for SEPA's substantive authority,
such as decisions to mitigate or reject proposals as a result of SEPA. This
article 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 pursuant to this
chapter;
Such conditions are in writing;
The mitigation measures included in such conditions are reasonable and
capable of being accomplished;
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 (4) 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 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 (4) 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 historical, cultural, and natural aspects of our national
heritage;
Maintain, wherever possible, an environment which supports diversity and
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
ordinances, resolutions, plans, rules, and regulations by reference:
The Kittitas County Floodplain Management Plan; adopted December 1996, as may
hereby be amended;
The Kittitas County Shoreline Management Master Program, as may hereafter be
amended;
The Kittitas County Comprehensive Plan adopted December 2010, as may
hereafter be amended;
Kittitas County Noise Ordinance,
Chapter 9.45 of this code;
Kittitas County Zoning Code,
Title 17 of this code, as may hereafter be
amended;
The Kittitas County Building Code,
Chapter 14.04 of this code, as may
hereafter be amended;
The Kittitas County Flood Damage Prevention Ordinance,
Title 14 of this
code, as may hereafter be amended;
The Kittitas County Recreation Plan/Outdoor Recreation Inventory, as may
hereafter be amended
The Kittitas County Building and Construction Code,
Title 14 of this code, as
may hereafter be amended;
The Kittitas County Board of Health regulations,
Title 8 of this code;
Kittitas County Subdivision Code,
Title 16 of this code, as may hereafter
be amended;
The Kittitas County Roads and Bridges Code,
Title 12 of this code, as may
hereafter be amended;
The Kittitas County Storm Water Management Ordinance,
Title 12 of this
code, as may hereafter be amended;
The Kittitas County Critical Areas Ordinance,
Title 17A of this code, as may
hereafter be amended;
Kittitas County-wide planning policies, adopted July 26, 2010, as may
hereafter be amended. (Ord. 2011-013, 2011)
An administrative appeal relating to a FEIS or DNS for a nonexempt action
that does not require a public hearing shall be heard by the Hearing Examiner.
An administrative appeal relating to a FEIS or DNS for a nonexempt action
that requires a public hearing shall be combined with and heard by the reviewing
body for the underlying action.
Administrative appeals relating to a DS shall be heard by the hearing
examiner.
For any appeal under this subsection, the county shall provide for a record
in compliance with
KCC 15A.07.
The county shall give official notice under
WAC 197-11-680(5) whenever it
issues a permit or approval for which a statute or ordinance establishes a time
limit for commencing judicial appeal. (Ord. 2011-013, 2011)
The county, applicant for, or proponent of an action may publish a notice of
action pursuant to
RCW 43.21C.080 for any action.
The form of the notice shall be substantially in the form provided in
WAC
197-11-990. The notice shall be published by the county auditor, applicant or
proponent pursuant to
RCW 43.21C.080. (Ord. 2011-013, 2011)
Article VIII. Definitions
15.04.230 Purpose of this article and adoption by reference. This article contains uniform usage and definitions of terms under SEPA. The
county adopts the following sections by reference, as supplemented by
WAC
173-806-040, except as modified by additional definitions under
KCC 15.04.030:
15.04.240 Adoption by reference. The county adopts by reference the following rules for categorical exemptions,
as supplemented in this ordinance, including KCC 15.04.090 (Flexible
thresholds), KCC 15.04.110 (Use of exemptions).
15.04.250 Purpose of this article and adoption by reference. This article 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:
WAC 197-11-900 Purpose of this part. 197-11-902 Agency SEPA policies. 197-11-916 Application to ongoing actions. 197-11-920 Agencies with environmental expertise. 197-11-922 Lead agency rules. 197-11-924 Determining the lead agency. 197-11-926 Lead agency for governmental proposals. 197-11-928 Lead agency for public and private proposals. 197-11-930 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. 197-11-934 Lead agency for private projects requiring licenses from a local
agency, not a county 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. 2011-013, 2011)
For every environmental checklist the county will review when it is lead
agency, the county shall establish a fee by resolution and shall collect the fee
prior to undertaking a threshold determination.
For every environmental impact statement, the county shall require the
following fees for its activities in accordance with the provisions of this
chapter:
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 (a) or (b) of this
subsection which remain after incurred costs are paid.
For SEPA appeals, the county shall establish a fee by resolution and shall
collect the fee prior to scheduling any appeal hearing.
The county may collect a reasonable fee from an applicant to cover the cost
of meeting the public notice requirements of this ordinance relating to the
applicant's proposal.
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. 2011-013, 2011)
15.04.270 Administrative guidelines. The responsible official is authorized to adopt further administrative
guidelines to provide processing, administration and interpretation of these
regulations. All such policies shall be in writing and available to the public
in the offices of the department of community development. (Ord. 2011-013, 2011)
15.04.280 Title. If any provision of this ordinance or its application to any person or
circumstance is held invalid, the remainder of this ordinance, or the
application of the provision to other persons or circumstances, shall not be
affected. (Ord. 2011-013, 2011)
Article XI. Forms
15.04.290 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).
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