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)
1. 
The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the county.
2. 
The county may attach conditions to a permit or approval for a proposal so long as:
a. 
Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents pursuant to this chapter;
b. 
Such conditions are in writing;
c. 
The mitigation measures included in such conditions are reasonable and capable of being accomplished;
d. 
The county has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and
e. 
Such conditions are based on one or more policies in subsection (4) of this section and cited in the license or other decision document.
3. 
The county may deny a permit or approval for a proposal on the basis of SEPA so long as:
a. 
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
b. 
A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and
c. 
The denial is based on one or more policies identified in subsection (4) of this section and identified in writing in the decision document.
4. 
The county designates and adopts by reference the following policies as the basis for the county's exercise of authority pursuant to this section:
a. 
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:
i. 
Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
ii. 
Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;
iii. 
Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;
iv. 
Preserve important historical, cultural, and natural aspects of our national heritage;
v. 
Maintain, wherever possible, an environment which supports diversity and variety of individual choice;
vi. 
Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and
vii. 
Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
b. 
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.
c. 
The county adopts by reference the policies in the following county ordinances, resolutions, plans, rules, and regulations by reference:
i. 
The Kittitas County Comprehensive Floodplain Hazard Management Plan; adopted December 1996, as may hereby be amended;
ii. 
The Kittitas County Shoreline Management Master Program, as may hereafter be amended;
iii. 
The Kittitas County Comprehensive Plan adopted December 2010, as may hereafter be amended;
iv. 
Kittitas County Noise Ordinance, Chapter 9.45 of this code;
v. 
Kittitas County Zoning Code, Title 17 of this code, as may hereafter be amended;
vi. 
The Kittitas County Flood Damage Prevention Ordinance,
vii. 
The Kittitas County Recreation Plan/Outdoor Recreation Inventory, as may hereafter be amended
viii. 
The Kittitas County Building and Construction Code, Title 14 of this code, as may hereafter be amended;
ix. 
The Kittitas County Board of Health regulations, Title 8 of this code;
x. 
Kittitas County Subdivision Code, Title 16 of this code, as may hereafter be amended;
xi. 
The Kittitas County Roads and Bridges Code, Title 12 of this code, as may hereafter be amended;
xii. 
The Kittitas County Critical Areas Ordinance, Title 17A of this code, as may hereafter be amended;
xiii. 
Kittitas County-wide planning policies, adopted July 26, 2010, as may hereafter be amended.
(Ord. 2014-015, 2014; Ord. 2011-013, 2011)
1. 
The county establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680:
a. 
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 board of county commissioners.
b. 
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 recommending body for the underlying action.
c. 
Administrative appeals relating to a DS shall be heard by the hearing examiner.
d. 
For any appeal under this subsection, the county shall provide for a record in compliance with KCC Chapter 15A.07.
2. 
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.
3. 
Subsequent appeals of SEPA determinations, after the Open Record appeal to either the Hearing Examiner or board of county commissioners, shall be made to Superior Court, or hearings board, as appropriate, as part of an appeal of the associated decision, and shall be made to the appropriate appellate body within ten (10) working days to the Kittitas County Board of Commissioners. Such appeals shall be filed pursuant to Chapter 15A.07 KCC. The agency shall give official notice stating the date and place for commencing an appeal. If there is no time period for appealing the underlying governmental action, and a notice of action under RCW 43.21C.080 is used, appeals shall be commenced within the time period specified by RCW 43.21C.080.
4. 
Appeals shall be of the governmental action together with its accompanying environmental determinations. Kittitas County shall consolidate an appeal of procedural issues made under Chapter 43.21C RCW and Chapter 15.04 KCC (such as a decision to require particular mitigation measures or to deny a proposal) with a hearing or appeal on the underlying governmental action by providing for a single simultaneous hearing before one hearing body to consider the agency decision on a proposal and any environmental determinations made, with the exception of the appeal, if any, of a threshold determination of significance.
5. 
Appeals on SEPA procedures shall be limited to review of a final threshold determination and final EIS. These appeals may occur prior to an agency's final decision on a proposed action. Appeal of the intermediate steps under SEPA (e.g., lead agency determination, scoping, draft EIS adequacy) shall not be allowed.
6. 
Kittitas County shall provide for only one appeal of a threshold determination or of the adequacy of an EIS. Successive appeals on these issues shall be to Superior Court of Hearing Board, as appropriate
(Ord. 2011-013, 2011; Ord. 2014-008, 2014; Ord. 2014-015, 2014)