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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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."
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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:
1. 
Interior building improvements.
2. 
Exterior structure maintenance activities, including painting and roofing.
3. 
Routine landscape maintenance of established, ornamental landscaping, such as lawn mowing, pruning, and weeding.
4. 
Maintenance of the following legally existing facilities that does not expand the affected area: septic tanks (routine cleaning); wells; individual utility service connections; and individual cemetery plots in established and approved cemeteries.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"Erosion"
means the process whereby wind, rain, water, and other natural agents mobilize and transport particles of soil or rock.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"Erosion hazard areas"
are areas containing soils that may experience significant erosion, including any or all of the following:
1. 
Soil areas identified by the Natural Resources Conservation Service as having "severe" or "very severe" erosion hazard; or
2. 
Slopes 40% or steeper with a vertical relief of 10 or more feet, except areas composed of consolidated rock; or
3. 
Concave slope forms equal to or greater than 15% with a vertical relief of 10 or more feet, except areas composed of consolidated rock; or
4. 
Channel migration zones.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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:
1. 
The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results;
2. 
The action provides a reasonable likelihood of achieving its intended purpose;
3. 
The action does not physically preclude achieving the activity's primary intended legal use; and
4. 
In cases where these guidelines require certain actions unless they are infeasible, the burden of proving infeasibility is on the applicant. In determining an action's infeasibility, the reviewing agency may weigh the action's relative public costs and public benefits, considered in the short-and long-term time frames.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"Floodplain"
is synonymous with 100-year floodplain and means that land area susceptible to inundation with a one percent 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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"Forester"
is defined as a person with a minimum two-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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"Frequently flooded areas"
means lands in the floodplain subject to a one percent 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 100-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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:
1. 
Damage a residential structure or accessory structure, or a place of employment or public assembly;
2. 
Damage an approved road, utility, or public facility;
3. 
Prevent emergency access in the case of medical hardship; or
4. 
Endanger pedestrians or users of a recreational area.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"Hazard tree determination report"
means a written document prepared by an arborist or forester containing the following elements:
1. 
Parcel, address, and name of landowner of site where tree(s) are located;
2. 
Description of size, health, and species of tree(s) evaluated;
3. 
Description of factors related to potential impacts to human health or structures posed by evaluated tree(s);
4. 
Alternative methods (pruning, cabling, etc.) considered;
5. 
Location of nearby critical areas (wetlands, streams, steep slopes, landslides, floodplains, shorelines, etc.);
6. 
Proposed methods for removal;
7. 
Size and species of replacement trees, if any;
8. 
Site map showing parcel lines, structures, evaluated trees, critical areas, utilities, and other pertinent information described in the report;
9. 
Date of field evaluation and signature of arborist or forester;
10. 
Qualifications of arborist or forester authoring the report.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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 10 feet of vertical relief. Potential landslide hazard areas include, but are not limited to, the following areas:
1. 
Areas designated as quaternary slumps, earth-flows, mudflows, or landslides on maps published by the U.S. Geological Survey or Washington State Department of Natural Resources.
2. 
Areas with all three of the following characteristics:
a. 
Slopes steeper than 15%;
b. 
Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock; and
c. 
Springs or groundwater seepage.
3. 
Areas that have shown movement and/or are underlain or covered by mass wastage debris;
4. 
Slopes that are parallel or sub-parallel to planes of weakness (which may include, but not be limited to, bedding planes, soft clay layers, joint systems, and fault planes) in subsurface materials;
5. 
Slopes having gradients steeper than 80% subject to rock fall during seismic shaking;
6. 
Areas that show evidence of, or are at risk from snow avalanches;
7. 
Any area with a slope of 40% or steeper and with a vertical relief of 10 or more feet except areas composed of competent bedrock;
8. 
Potentially unstable slopes resulting from river erosion or undercutting; and
9. 
Areas that show past sloughing or calving of sediment or rocks resulting in a steep slope that is poorly vegetated.
10. 
Deep-seated landslide areas characterized by one or more of the following features, which may be evident in aerial images, topographic maps, LiDAR imagery or on the ground:
a. 
Scalloped ridge crests at the top of the slope,
b. 
Crescent shaped depressions,
c. 
Head scarps,
d. 
Side scarps,
e. 
Ponds or sag areas on mid slopes,
f. 
Benches and scarps on mid slope areas,
g. 
Hummocky ground,
h. 
Linear fractures in the ground.
11. 
Areas below unstable slopes or that have been identified as landslide hazard areas that could be impacted by landslide run out.
12. 
Areas above or adjacent to unstable slopes that could be impacted if the landslide area expands.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"Mining"
means the removal of sand, gravel, soil, minerals, and other earth materials for commercial and other uses.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"Mitigation sequencing"
means a process used to guide mitigation decisions and determine the type and level of mitigation required. It follows a three step process, described in KCC § 17A.01.100:
1. 
Avoiding the impact altogether by not taking a certain action or parts of an action;
2. 
Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;
3. 
Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
4. 
Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;
5. 
Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and/or
6. 
Monitoring the impact and taking appropriate corrective measures.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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:
1. 
Criterion 1. State-Listed and Candidate Species: State-listed species are native fish and wildlife species legally designated as Endangered (WAC 232-12-014), Threatened (WAC 232-12-011), or Sensitive (WAC 232-12-011). State Candidate species are fish and wildlife species that will be reviewed by the department (POL-M-6001) for possible listing as Endangered, Threatened, or Sensitive according to the process and criteria defined in WAC 232-12-297.
2. 
Criterion 2. Vulnerable Aggregations: Vulnerable aggregations include species or groups of animals susceptible to significant population declines, within a specific area or statewide, by virtue of their inclination to aggregate. Examples include heron rookeries, seabird concentrations, marine mammal haulouts, shellfish beds, and fish spawning and rearing areas.
3. 
Criterion 3. Species of Recreational, Commercial, and/or Tribal Importance: Native and non-native fish and wildlife species of recreational or commercial importance, and recognized species used for tribal ceremonial and subsistence purposes, whose biological or ecological characteristics make them vulnerable to decline in Washington or that are dependent on habitats that are highly vulnerable or are in limited availability.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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 two years of related work experience. Other equivalently qualified professionals may be approved by the Director on a case by case basis.
1. 
A qualified professional for wetlands and fish and wildlife habitat conservation areas must have a degree in biology, soil science, botany or related fields and relevant professional experience or professional certification (Professional Wetland Scientist Certification) that documents capability in functional assessment and mitigation techniques. For wetlands, Professional Wetland Scientist Certification, or other documentation of expertise, is required.
2. 
A qualified professional for preparing Geologically Hazardous Area Assessments must be a professional geologist or engineering geologist licensed in the state of Washington.
3. 
Engineered structures for mitigation of geologic hazards must be designed by a qualified professional engineer or engineering geologist, licensed in the state of Washington.
4. 
A qualified professional for critical aquifer recharge areas must be a professional hydrogeologist licensed in the state of Washington, who is trained and qualified to analyze geologic, hydrologic, and groundwater flow systems.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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 and the portion of the ecosystem characterized by moist soils and plants adapted to periodically saturated soils.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"Riparian management zone(s)" or "RMZ(s)"
The extent of the riparian ecosystem is the area that provides full ecological function for bank stability, shade, pollution removal, contributions of detrital nutrients, and recruitment of large woody debris. For the purposes of management or regulatory protection, the RMZ encompasses the riparian ecosystem, and - when present- the channel migration zone to account for lateral movement of the riparian ecosystem over time.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"Setback"
means the distance a building or structure is placed from a specified limit such as a lot line or a critical area buffer.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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 20 cubic feet per second or less and the wetlands associated with such upstream segments; and (iii) shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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 200 cubic feet per second and lakes with surface areas of 1,000 acres or more.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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:
1. 
"Type S water"
means all designated "shorelines of the state."
2. 
"Type F water"
means streams other than Type S Waters that contain fish habitat or are diverted for certain kinds of domestic use or for use by fish hatcheries.
3. 
"Type Np water"
means streams that are perennial nonfish habitat streams.
4. 
"Type Ns water"
means streams that are seasonal, nonfish habitat streams, which are physically connected by an above-ground channel system to Type S, F, or Np Waters.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"Water quality"
means the physical characteristics of water, including water quantity, hydrological, physical, chemical, aesthetic, recreation-related, and biological characteristics.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"Wellhead protection area"
means the portion of a well's, wellfield's, or spring's zone of contribution within the 10-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.
(Ord. 2021-016, 2021; Ord. 2025-006, 7/1/2025)
"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; Ord. 2025-006, 7/1/2025)