A certificate of exemption is an optional process that is a memorialization that a particular lot has been recognized by the subdivision administrator for Chelan County as a lot of record that is not in a condition of noncompliance with the Chelan County subdivision resolution. The procedures and circumstances set forth in this chapter are intended to quiet concerns about a lot’s legal existence and status as a legal lot of record due to the history or circumstances surrounding its original creation. Although the issuance of a certificate of exemption is not a guarantee that the parcel is a buildable lot, it does, however, represent an assurance to the public that Chelan County considers the lot to be a legal lot of record and that no claim to the contrary will be raised by the administrator based on the lot configuration at the time of issuance of the certificate of exemption.
(Res. 2010-68 (Exh. A) (part), 7/13/10)
The administrator shall endeavor to respond to any request for the issuance of a certificate of exemption within fourteen working days if the application is signed by a surveyor or within thirty working days of receiving a complete application, as determined by the county, unless the applicant consents to an extension.
(Res. 2010-68 (Exh. A) (part), 7/13/10)
The administrator of this title is vested with the authority to summarily approve, conditionally approve, or deny applications for a certificate of exemption according to the provisions for a limited administrative review in Title 14, Development Permit Procedures and Administration.
(Res. 2010-68 (Exh. A) (part), 7/13/10)
Applications shall be made on the appropriate forms, provide appropriate fees, follow the procedures set forth in Chapters 12.02 and 12.04. All land division shall be reviewed under this title for all applicable requirements. Application materials shall include site plans that follow the requirements for boundary line adjustments, Section 12.18.020. Finalization and appeals shall follow the requirements of a boundary line adjustment.
(Res. 2010-68 (Exh. A) (part), 7/13/10)
The administrator may approve certificates of exemption based on one or more of the following exemption categories:
(1) 
Platted Lots of Record. Any lot that is wholly within the boundaries of a recorded major subdivision, short plat or assessor’s plats.
(2) 
Over Twenty-Acre Lots. Any lot that is twenty or more acres or one-thirty-second of a section (RCW 58.17.040(2)).
(3) 
Laws of Descent. Any lot created by testamentary provisions or the laws of descent (RCW 58.17.040(3)).
(4) 
Division by Intervention. A lot created or reconfigured by a public road or intervening ownership. An open, maintained, forest service road is considered a public road for purposes of this exemption.
(5) 
Public Use and Interest. A certificate of exemption may be issued for the purpose of dividing property to be deeded to the county, any city, taxing district, governmental body or utility provider authorized to hold land for public use and benefit based on such public use and interest when the administrator can determine that the general public health, safety, and welfare will not be compromised by issuing a certificate of exemption; and provided, that:
(A) 
The remaining portion of property has sufficient lot area, and meets all other criteria to comply with applicable Chelan County regulations; and
(B) 
A notice to title is recorded with the Chelan County auditor’s office stating, “This public use land segregation was created solely for purposes of public use and benefit, in conformance with the provisions of Section 12.14.050(9). Any subsequent conveyance of this property for purposes other than that approved pursuant to Section 12.14.050(9) shall comply with all current Chelan County Code requirements for subdivision and development at the time of such conveyance and subsequent property development”; and
(C) 
A record of survey for the segregated property, prepared by a professional land surveyor licensed by the state of Washington, shall be submitted.
(6) 
Historic Division. A lot created prior to October 17, 2000. The applicant shall provide recorded documentation to the administrator and/or other evidence to demonstrate the date of lot origination.
(7) 
Reasonable Use. A lot that exhibits an extraordinary history or unusual circumstances that, in the judgment of the administrator, warrants issuance of a certificate of exemption to cure an inequity based on an unreasonable private loss when compared to relatively insignificant public benefit by maintaining the status quo. The administrator must enter a finding that the general public health, safety, and welfare will not be compromised by issuing a certificate of exemption. May be processed through Chapter 11.98 when deemed appropriate by the administrator.
(8) 
Innocent purchaser pursuant to RCW 58.17.210.
(9) 
Improved Lots. A lot that has previously received a building permit or land use permit from community development; provided, that the lot configuration is identical to the configuration at the time of building permit issuance.
(10) 
Parcel Remnant. A lot that originated as a result of being left over from an original parent parcel as a result of county approval of a short plat or major subdivision.
(11) 
Cemeteries and other burial plots while used for that purpose (RCW 58.17.040(1)).
(Res. 2010-68 (Exh. A) (part), 7/13/10; Res. 2014-38 (Atts. A, B) (part), 4/15/14; Res. 2023-96 (Att. A), 10/3/23)