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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 17A | CRITICAL AREAS
Chapters 17A.01 General Provisions 17A.02 Definitions 17A.03 Critical Aquifier Recharge Areas(CARAs) 17A.04 Fish and Wildlife Habitat Conservation Areas 17A.05 Frequently Flooded Areas 17A.06 Geologically Hazardous Areas 17A.07 Wetlands
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.01.150 Critical Areas Report Review and Determination 17A.01.170 Enforcement 17A.01.190 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:
17A.01.020 Authority.
17A.01.030 Applicability.
17A.01.040 Regulated Alterations and Development. 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:
17A.01.050 Exemptions.
(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 17A.02.102) 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).
(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.
17A.01.060 Exceptions.
17A.01.070 Non-Conforming 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.
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.
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. 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.
17A.01.170 Enforcement.
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.
Chapter 17A.02 DEFINITIONS
Sections 17A.02.010 Generally. 17A.02.020 Adjacent. 17A.02.030 Agricultural Activities. 17A.02.040 Agricultural Activities, High Intensity. 17A.02.050 Agricultural Land. 17A.02.060 Alluvial Fan. 17A.02.070 Alteration. 17A.02.080 Anadromous Fish. 17A.02.090 Applicant. 17A.02.100 Aquifer. 17A.02.102 Arborist. 17A.02.104 Area of Special Flood Hazard. 17A.02.110 Avalanche Hazard. 17A.02.120 Avulsion. 17A.02.125 Bank (of a water body). 17A.02.130 Best Available Science. 17A.02.140 Buffer. 17A.02.155 Clearing. 17A.02.160 Critical Aquifer Recharge Areas. 17A.02.170 Critical Areas. 17A.02.200 Cumulative Impacts. 17A.02.210 Dam. 17A.02.220 Development. 17A.02.230 Director. 17A.02.240 Dry Well. 17A.02.250 Ecological Functions. 17A.02.260 Emergency Activities. 17A.02.270 Enhancement. 17A.02.280 Erosion. 17A.02.290 Erosion Hazard Areas. 17A.02.300 Feasible. 17A.02.310 Feedlot. 17A.02.320 Fill. 17A.02.330 Fish and Wildlife Habitat Conservation. 17A.02.335 Floodplain. 17A.02.340 Floodway. 17A.02.345 Forester. 17A.02.347 Forest Land. 17A.02.350 Frequently Flooded Areas. 17A.02.360 Geologically Hazardous Areas. 17A.02.370 Geotechnical Analysis or Geotechnical Report. 17A.02.380 Grading. 17A.02.390 Groundwater. 17A.02.400 Habitats of Local Importance. 17A.02.405 Hazard Tree. 17A.02.406 Hazard Tree Determination Report. 17A.02.410 Hazardous Substances. 17A.02.430 Hydric Soil. 17A.02.440 Hyporheic Zone. 17A.02.450 Impervious Surface. 17A.02.460 In-Stream Structure.. 17A.02.470 Landslide Hazard Areas. 17A.02.480 Mine Hazard Areas.. 17A.02.490 Mining. 17A.02.500 Mitigation Sequencing. 17A.02.510 Monitoring. 17A.02.520 Native Growth Protection Area. 17A.02.530 Native Vegetation. 17A.02.540 Naturally Occurring Ponds. 17A.02.550 Nonconformity. 17A.02.560 Ordinary High Water Mark (OHWM). 17A.02.570 Permeability. 17A.02.590 Priority Habitat. 17A.02.600 Priority Species. 17A.02.610 Public Facilities. 17A.02.620 Qualified Professional. 17A.02.630 Rehabilitation. 17A.02.640 Repair or Maintenance. 17A.02.650 Restore or Restoration. 17A.02.660 Riparian. 17A.02.665 Riparian Management Zone(s). 17A.02.670 Seismic Hazard Areas. 17A.02.680 Setback. 17A.02.690 Shorelines of the State. 17A.02.700 Shorelines of Statewide Significance. 17A.02.710 Shrub-Steppe. 17A.02.715 Site Potential Tree Height (SPTH). 17A.02.720 Soft Armoring. 17A.02.730 Species of Local Importance. 17A.02.740 Streams. 17A.02.750 Stream or Water Type. 17A.02.760 Structure. 17A.02.770 Unavoidable. 17A.02.780 Volcanic Hazard Areas. 17A.02.790 Watercourse. 17A.02.800 Water Quality. 17A.02.810 Water System. 17A.02.820 Waters of the State. 17A.02.830 Wellhead Protection Area. 17A.02.840 Wetland.
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:
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 *84.33.100 RCW 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.
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.
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.02.220Development. "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:
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:
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:
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.02.335 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.
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:
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:
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. "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:
17A.02.480 Mine Hazard Areas. "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:
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 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:
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.
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.
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 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:
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.
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.
Ord. 2021-016, 2021;
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.
17A.03.030 Applicability. This chapter regulates the following uses when located in a critical aquifer recharge area:
Protection Standards 17A.03.040 Protection Standards.
17A.03.050 Reporting.
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.
17A.04.030 Riparian Management Zones and Buffers.
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.
17A.04.040 General Protection Standards.
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.
17A.04.060 Reporting.
17A.04.070 Mitigation Requirements.
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.
17A.05.030 Protection Standards.
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:
17A.05.050 Compensatory Mitigation Requirements.
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.
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 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
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
17A.07.030 Buffers
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).
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:
17A.07.060 Reporting
17A.07.070 Mitigation Requirements
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
4Compensatory mitigation for vernal pool impacts must be seasonally ponded wetland area(s).
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.