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Kittitas (pronounced 'KITT-i-tass') County is located in central Washington State. It spans from the lush forested Cascade Mountains to the upper Yakima River Valley plains and the Columbia River.
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Title 15 | ENVIRONMENTAL POLICY*
Chapters 15.04 State Environmental Policy Act 15.08 Burn Bans
* Prior ordinance history for Chapter 15.4: Ordinance 84-5; 93-19; 96-19; 97-10; 98-10 (part), 1998; 2009-25, 2009
Chapter 15.04 STATE ENVIRONMENTAL POLICY ACT*
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 SEPA/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 SEPA/GMA integration documents. 197-11-238 SEPA/GMA integration 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. 2014-015, 2014; 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:
15.04.040 Designation of responsible official.
15.04.050 Lead agency determination and responsibilities.
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)
15.04.070 Additional timing considerations.
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.
WAC 197-11-300 Purpose of this part. 197-11-305 Categorical exemptions. 197-11-310 Threshold determination required. 197-11-315 Environmental checklist. 197-11-330 Threshold determination process. 197-11-335 Additional information. 197-11-340 Determination of nonsignificance (DNS). 197-11-350 Mitigated DNS. 197-11-355 Optional DNS process. 197-11-360 Determination of significance (DS)/ initiation of scoping. 197-11-390 Effect of threshold determination. (Ord. 2011-013, 2011)
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. This article contains the rules for preparing environmental impact statements. The county adopts the following sections by reference, as supplemented by this part:
WAC 197-11-400 Purpose of EIS. 197-11-402 General requirements. 197-11-405 EIS types. 197-11-406 EIS timing. 197-11-408 Scoping. 197-11-410 Expanded scoping. 197-11-420 EIS preparation. 197-11-425 Style and size. 197-11-430 Format. 197-11-435 Cover letter or memo. 197-11-440 EIS contents. 197-11-442 Contents of EIS on nonproject proposals. 197-11-443 EIS contents when prior nonproject EIS. 197-11-444 Elements of environment. 197-11-448 Relationship of EIS to other considerations. 197-11-450 Cost-benefit analysis. 197-11-455 Issuance of DEIS. 197-11-460 Issuance of FEIS. (Ord. 2011-013, 2011)
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. 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:
WAC 197-11-500 Purpose of this part. 197-11-502 Inviting comment. 197-11-504 Availability and cost of environmental documents. 197-11-508 SEPA register. 197-11-510 Public notice. 197-11-535 Public hearings and meetings. 197-11-545 Effect of no comment. 197-11-550 Specificity of comments. 197-11-560 FEIS response to comments. 197-11-570 Consulted agency costs to assist lead agency. (Ord. 2011-013, 2011)
15.04.160 Public notice.
(Ord. 2014-015, 2014; Ord.2011-013, 2011)
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. 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:
WAC 197-11-650 Purpose of this part. 197-11-655 Implementation. 197-11-660 Substantive authority and mitigation. 197-11-680 Appeals. (Ord. 2011-013, 2011)
15.04.200 Substantive authority.
15.04.210 Appeals.*
(Ord. 2014-015, 2014; Ord. 2014-008, 2014; Ord. 2011-013, 2011)
* Publisher's note: This section was mistakenly referred to as 15A.04.210 in Ordinance 2014-008.
15.04.220 Notice/statute of limitation.
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:
WAC 197-11-700 Definitions. 197-11-702 Act. 197-11-704 Action. 197-11-706 Addendum. 197-11-708 Adoption. 197-11-710 Affected tribe. 197-11-712 Affecting. 197-11-714 Agency. 197-11-716 Applicant. 197-11-718 Built environment 197-11-720 Categorical exemption. 197-11-721 Closed record appeal. 197-11-722 Consolidated appeal. 197-11-724 Consulted agency. 197-11-726 Cost benefit analysis. 197-11-728 County. 197-11-730 Decision maker. 197-11-732 Department. 197-11-734 Determination of nonsignificance (DNS). 197-11-736 Determination of significance (DS). 197-11-738 EIS. 197-11-740 Environment 197-11-742 Environmental checklist 197-11-744 Environmental document. 197-11-746 Environmental review. 197-11-750 Expanded scoping. 197-11-752 Impacts. 197-11-754 Incorporation by reference. 197-11-756 Lands covered by water. 197-11-758 Lead agency. 197-11-760 License. 197-11-762 Local agency. 197-11-764 Major action. 197-11-766 Mitigated DNS. 197-11-768 Mitigation. 197-11-770 Natural environment. 197-11-772 NEPA. 197-11-774 Nonproject. 197-11-775 Open record hearing. 197-11-776 Phased review. 197-11-778 Preparation. 197-11-780 Private project. 197-11-782 Probable. 197-11-784 Proposal. 197-11-786 Reasonable alternative. 197-11-788 Responsible official. 197-11-790 SEPA. 197-11-792 Scope. 197-11-793 Scoping. 197-11-794 Significant. 197-11-796 State agency. 197-11-797 Threshold determination. 197-11-799 Underlying governmental action. (Ord. 2011-013, 2011)
Article IX. Categorical Exemptions
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).
WAC 197-11-800 Categorical exemptions. 197-11-880 Emergencies. 197-11-890 Petitioning DOE to change exemptions. (Ord. 2011-013, 2011)
Article X. Agency Compliance
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)
15.04.260 Fees.
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:
WAC 197-11-960 Environmental checklist. 197-11-965 Adoption notice. 197-11-970 Determination of nonsignificance (DNS). 197-11-980 Determination of significance and scoping notice (DS). 197-11-985 Notice of assumption of lead agency status. 197-11-990 Notice of action. (Ord. 2011-013, 2011)
Chapter 15.08 BURN BANS
Sections 15.08.010 Established when. 15.08.020 Open burning prohibited. 15.08.030 Violation - Penalty.
15.08.010 Established when.
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: