Kitsap County Code Development Critical Areas Ordinance Chapter 19 Vertical Analysis - Kitsap County Code Development Vertical Analysis
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Kitsap County Code Development
Critical Areas Ordinance Chapter 19
1
Vertical Analysis
Kitsap County Code Development
Vertical Analysis D R A F T Version 8/9/2005Kitsap County Code Development
Critical Areas Ordinance Chapter 19
Vertical Analysis
No. RCW WAC County-wide Planning Policies Comprehensive Plan Goals Comprehensive Plan Policies Kitsap County Code
RCW 36.70A.020 WAC 365-190-020 Purpose Element A [Urban Growth Areas Land Use Open Space Goal #1 Protect LU-2…All new residential developments 19.100.105 Purpose. The purpose of the
Planning goals. (9) Retain open ...classification and designation of (introd)]…The benefits of directing growth to Kitsap County's resources, natural within the urban growth area should ordinance codified in this chapter is to
space, enhance recreational natural resource lands and critical areas designated urban areas include: (4th bullet) systems and ecologically sensitive achieve..minimum densities except where identify and protect critical areas as required
opportunities, conserve fish and is intended to assure the long-term Preservation of open space, critical areas areas…..Natural Systems Geol. Critical lower densities are appropriate to: 1) by the Growth Management Act..A.Goal
wildlife habitat...10) Environment. conservation of natural resource lands and lands designated for resource Areas #1 Protect public safety and recognize the presence of critical areas…OS- Statement. It is the goal of Kitsap County
Protect the environment and and to preclude land uses and protection; Element D.Open Space, health, maintain water quality and 1 Lands in county and city open space plans that the beneficial functions of critical areas
enhance the state's high quality of developments which are incompatible Resource Protection and Critical Areas habitat…; #4 Develop a critical areas shall…include:(5th bullet) Areas identified as be preserved, and potential dangers or
life… RCW 36.70A.170 with critical areas. ... (opening paragraph) Open space is defined ordinance that addresses land us e critical fish and wildlife habitat; NS-6 Building public costs associated with the
each county, and each city, shall as land area consisting of natural systems, controls in geol. critical areas; Aquifer and land use applications in geologically inappropriate use of such areas be
designate where appropriate: (d) resource lands and critical areas that Recharge Areas Goal #6 Preserve and critical areas will be reviewed to see that minimized by reasonable regulation of uses
Critical areas include building limitations for future protect aquifer recharge areas...;Surface public health, safety and welfare are within, adjacent to or directly affecting such
development D.1.a. Preserve the character Water Resources Goal #14 Develop a protected; NS-26 Kitsap County shall areas, for the benefit of present and future
of identified rural areas by protecting and critical areas ordinance that protects safeguard surface water resources...SH-1 generations
enhancing the natural environment; D.2.b. surface water resources..; Frequently Shoreline characteristics such as ...estuarine
The County and the Cities shall protect Flooded Areas Goal #19... Prevent areas, biological wetlands, wetlands...and
critical areas... development on floodplains...Plant, Fish other unique biological functions, valuable
and Wildlife Habitat Conservation Areas natural systems... should be preserved and
Goal #22 Preserve the biological restored;
diversity of Kitsap County and Puget
Sound; Shorelines Conservation and
Resource Protection Goal #1 Preserve
natural shoreline resources wherever
possible; Water Quality Goal #4 Protect
and enahance water quality in Puget
Sound, Hood Canal, and inland lakes
while allowing for compatible growth and
development; Shorelines Goal #11
Preserve the biological diversity of
Kitsap County and Puget Sound
RCW 36.70A.060 (2) Each county WAC 365-190-020 Purpose Element D.2.e. The County and the Cities Natural Systems Frequently Flooded RL-10a Lands designated as Rural 19.100.110 Applicability. Kitsap County
and city shall adopt development ...Counties and cities required or opting shall encourage the use of environmentally Areas Goal #20 Prevent land use in Wooded..are important for their…ecological shall not grant any permit, license or other
regulations that protect critical areas to plan under the Growth Management sensitive development practices to minimize floodplains that may degrade water functions and values…NS-1 Development in development approval... except in
Act of 1990 should consider the the impacts of growth on the County's quality during times of flooding; Plant, geol. critical areas should occur in a manner compliance with the provisions of this title. B.
definitions and guidelines in this chapter natural resource systems; Fish and Wildlife Habitat Conservation that poses no hazard…and minimizes This section applies to all uses and activities
when preparing development regulations Areas Goal #24 Develop a critical areas impacts to the natural environment; SH-2 within areas or adjacent to areas designated
which preclude uses and development ordinance and development regulations Encourage and support shoreline diversity as regulated critical areas
incompatible with critical areas which protect habitat conservation areas through planned and coordinated
and important habitat elements; development...SH-3 Uses and activities along
shorelines and in the waters of Kitsap County
should not have a significant adverse effect
on water quality
Kitsap County Code Development
Vertical Analysis
Version 8/9/2005 2Kitsap County Code Development
Critical Areas Ordinance Chapter 19
Vertical Analysis
No. RCW WAC County-wide Planning Policies Comprehensive Plan Goals Comprehensive Plan Policies Kitsap County Code
RCW 36.70B.060 WAC 197-11-908 Critical areas The Element D.3.a. The County and the Cities Natural Systems Aquifer Recharge NS-11 Kitsap County will initiate review 19.100.115 Relationship to
…each local government shall scope of environmental review of shall preserve, protect and where possible Goal #8…Consider the cumulative of…information to determine the need for other..regulations. When any provision of
establish by ordinance or resolution actions within these areas shall be restore the functions of natural impacts of existing and future revisions to the Critical Areas Ordinance, any other chapter of the Kitsap County Code
an integrated and consolidated limited to: (a) Documenting whether habitat…through the adoption of development…; Plant, Fish and Wildlife Zoning Ordinance and other implementing conflicts with this title, that which provides
project permit process that may be the proposal is consistent with the comprehensive plan policies, critical areas Habitat Conservation Areas Goal #25 development regulations…NS-41 Kitsap the most protection to the critical area, as
included in its development requirements of the critical areas ordinances, shoreline master programs and Protect, enhance and restore aquatic County should recognize adopted watershed determined by the department, shall apply.
regulations. ordinance; and (b) Evaluating potentially other development regulations... D.4.b. The habitat areas, such as streams, plans as part of the Kitsap County Applications for permits and approvals are
significant impacts on the critical area County and the Cities shall coordinate land wetlands, lakes, shellfish beds, herring Comprehensive Plan; NS-57 Through the subject to the provisions of this title and
resources not adequately addressed by use planning using watersheds or natural and smelt spawning areas, and kelp and Surface and Stormwater Management other ordinances and laws
GMA planning documents and drainage basins to implement strategies for eelgrass beds; Shorelines Program, Kitsap County will inventory
development regulations, if any, restoration of aquatic habitat and to reduce Conservation and Resource Protection drainage basins to identify existing and future
including any additional mitigation impacts to other natural systems Goal #2 Promote shoreline conservation stormwater drainage problems; NS-63 The
measures needed to protect the critical and resource protection; County shall consider the impacts to habitat
areas in order to achieve consistency conservation areas and fish and wildlife
with SEPA and other applicable populations in designating land use and
environmental review laws. zoning classifications; SH-19 The County
shall work with other government jurisdictions
to protect habitat areas that cross
jurisdictional boundaries
RCW 36.70A.470 WAC 365-195-020 Purpose. ....it means Element D.2.b. The County and the Cities Natural Systems Surface Water RL-33 The County shall consider creation of 19.100.125 Review authority A. In
(1) Project review, which shall be governing changes in land uses, new shall protect critical areas…D.2.c. The Resources Goal #12. Evaluate potential a TDR program.. (that) should consider: (3rd evaluating a request for a development
conducted pursuant to the activities, or development that could County and the Cities shall establish and impacts to surface water quality during bullet) Provisions for protection of significant proposal regulated by this title, it shall be the
provisions of chapter 36.70B RCW, adversely affect critical areas. Thus for implement best management practices to the development review process; landscape features, environmental (sic) responsibility of the department to determine
shall be used to make individual each critical area, counties and cities protect the long-term integrity of the natural Frequently Flooded Areas Goal #20 sensitive areas... NS-6 Building and land use 1.The nature and type of critical area and the
project decisions, not land use planning under the act should define environment… Prevent land use in floodplains that may applications in geog. Critical areas will be adequacy of any special reports... 2.Whether
planning decisions classification schemes and prepare degrade water quality during times of reviewed...NS-13 Kitsap County should the development proposal is
development regulations that govern flooding; Aquifer Recharge Areas Goal require proposed projects which present a consistent...3.Whether proposed alterations
changes in land uses and new activities #8 Evaluate potential impacts on threat to ...recharge area(s) to provide to critical areas are appropriate under the
by prohibiting clearly inappropriate groundwater quality and quantity during geologic or hydrologic information to evaluate standards contained in this title, or whether it
actions and restricting, allowing, or the development review process... the proposal; NS-55 Development regulations is necessary for the applicant to seek a
conditioning other activities as should require site design that ...protects variance...4.If the protection mechanisms
appropriate areas of undisturbed vegetation... and the mitigation and monitoring plans and
bonding measures proposed by the applicant
are sufficient ...
NS-67 Buffer enhancement or restoration B. The department shall have the
shall be required where buffers have been administrative authority to adjust the
degraded or removed… standards for buffers and building setbacks
as outlined in specific critical area sections
of this title. The process to reduce standards
will be based on site specific criteria
determined through review of individual
project circumstances and based on the
same criteria as required for the granting of
variances
19.100.135 Variances. .A variance in the
application of the regulations or standards of
this title to a particular piece of property or a
variance to the use prohibitions of this title
may be granted...
19.100.140 Reasonable use exception
19.100.155 Application requirements,
general
19.100.160 Inventory provisions
19.100.165 Enforcement
Kitsap County Code Development
Vertical Analysis
Version 8/9/2005 3Kitsap County Code Development Critical Areas Ordinance Chapter 19.200
Wetlands - Vertical Analysis
No.
RCW WAC County-wide Planning Policies Comprehensive Plan Goals Comprehensive Plan Policies Kitsap County Code
RCW 36.70A.060 (2) Each WAC 365-195-410 Critical Element D: The County and Land Use E. Open Space OS-1 Lands identified...for preservation effort... 19.200.Wetlands 19.200.205 Purpose...intent The
county and city shall adopt areas. (1) Cities shall protect critical areas Goal #20. Protect Kitsap shall..include: areas identified as critical..habitat(5th bullet); intent of this chapter is to:
development regulations that Requirements...cities and (wetlands, aquifer recharge County's resources, natural SW-1 Kitsap County will..adopt ordinances to control A.Achieve no net loss and increase the quality and
protect critical areas that are counties ought to have areas, fish and wildlife habitat systems and ecologically stormwater runoff (by) c) protect(ing) natural drainages, function of wetland acreage, functions and values
required to be designated designated critical areas and areas, frequently flooded areas, sensitive areas that include habitat and wetlands; NS-26 Kitsap County shall within Kitsap County. Mitigation measures, as
under RCW 36.70A.170. adopted regulations protective steep slopes and geologically wildlife habitat and corridrs; safeguard..water resources by only allowing development conditions of permits, must have a reasonable
of them. Such areas are hazardous areas)… (pg.13) Natural Systems C. Surface that is compatible in critical areas (pg 79); NS-27 Kitsap expectation of success. Under the conditions of this
defined to include: (a) Element C.1 a. Preserve the Water Resources Goal #11 County shall consider cumulative impacts of existing and chapter, the department may deny development
Wetlands; WAC 365-190-080 character of ..rural areas by Protect the ..wetlands..while future development on ..water quality..(pg79); and, NS-28 proposals that would irreparably impact regulated
Critical areas.(1) Wetlands. protecting and enhancing the allowing for compatible growth Kitsap County should minimize and mitigate for impervious wetlands (Ord. 217 (1998) § 3 (part), 1998)
The wetlands of Washington natural environment..(pg 11); and development; #14 surface and loss of natural vegetative cover associated with
state are fragile ecosystems and, 2…preserving rural land Develop a critical areas development...(pg 79).
which serve a number of use and development patterns ordinance that
important beneficial functions. (pg 11); protects…wetlands; and, #15
Wetlands assist in the Enhance and restore
reduction of erosion, siltation, degraded wetland, stream and
flooding, ground and surface shoreline areas.
water pollution, and provide
wildlife, plant, and fisheries
habitats. Wetlands destruction
or impairment may result in
increased public and private
costs or property losses.
RCW 30.70A.030(20) WAC 365-190-080 Critical Element D. 1.b. The County Rural and Resource Lands NS-3 Hydric soils shall be delineated on a wetlands map
"Wetland" or "wetlands" areas. (1) Wetlands (para 2) and the Cities shall preserve Existing Characteristics and and development of these soils shall be in accordance with
means areas that are In designating wetlands for and enhance, through inter- Issues (intent); and, Protect, wetlands policies and regulations (pg 75); NS-29 The
inundated or saturated by regulatory purposes, counties jurisdictional planning…wildlife enhance and comprehensively County's GIS should map wetlands…identified in
surface water or ground water and cities shall use the habitats, (and) critical areas map critical areas and natural delineations for site plans and development proposals and
at a frequency and duration definition of wetlands in resource lands…(pg 13); and, environmental systems (5th should map the findings of...local wetland inventories (pg
sufficient to support, and that RCW36.70A.030 ; (b) D. 2.f. The County and the bullet) (pg 55): Natural 79); NS-39 Kitsap County should identify degraded stream
under normal circumstances Counties and cities may use Cities shall work together to Systems Geologically Critical and wetlands...(pg 80); NS-59 Kitsap County shall work with
do support, a prevalence of the National Wetlands identify…natural areas (pg 14); Areas Goal #1 …maintain appropriate state agencies and ..organizations to conduct
vegetation typically adapted Inventory as an information and, D.4.c. Kitsap County shall water quality and habitat (pg and maintain thorough, countywide inventories of habitat
for life in saturated soil source for determining the coordinate and maintain a 75); Surface Water Resources types (pg 83); see also RL-1, 5th &6th bullet-Rural Area
conditions. Wetlands approximate distribution and regional database of best Goal #13 Increase the designations...areas...to be protected for...environmental
generally include swamps, extent of wetlands. WAC 173- available science... (pg 14). accuracy of information about functions; and, areas in which significant environmental
marshes, bogs, and similar 22-080 Washington State wetlands…boundaries (pg 79); constraints make the area ...unsuitable for ...urban
areas. Wetlands may include Wetland Identification and Plant, Fish and Wildlife Habitat development (pg 57)
those artificial wetlands Delineation Manual (Ecology Conservation Areas
intentionally created from publication # 96-94) includes Designation #2 Areas
nonwetland areas created to wetland soils and vegetative identified by the Dept. of
mitigate conversion of categories WAC 173-22-221 Natural Resources significant
wetlands. (2) (ii)" Critical areas" include plant communities or known
RCW 36.70A.175 the following areas and habitat..and, #3 Freshwater
Wetlands to be delineated in ecosystems: (a) Wetlands; and saltwater wetlands as
accordance with manual. identified by the US Fish &
Wildlife Service National
Wetlands Inventory...or other
professionally conducted
inventories (pg 82); Goal #23
Identify and protect habitat
conservation areas and other
important habitats (pg 83)
Kitsap County Code Developement
Vertical Analysis Critical Areas Ordinance
Version 8/9/2005 D R A F T Wetlands page 4Kitsap County Code Development Critical Areas Ordinance Chapter 19.200
Wetlands - Vertical Analysis
No.
RCW WAC County-wide Planning Policies Comprehensive Plan Goals Comprehensive Plan Policies Kitsap County Code
RCW 36.70A.060 WAC 365-190-080 (1) a) Element C.1 a. Preserve the Rural and Resource Lands- RL-10 (second bullet) Design to preserve environmentally 19.200.220 Regulated and non-regulated wetlands
Natural resource lands and Counties and cities that do not character of ..rural areas by Existing Characteristics and sensitive areas… (pg 59); NS-34 Kitsap County shall strive classification (Ord. 217 (1998) § 3 (part), 1998
critical areas -- Development now rate wetlands shall protecting and enhancing the Issues- "stream corridors, to achieve no net loss of wetland function and acreage in
regulations. RCW consider a wetlands rating natural environment..(pg 11) wetlands and floodplains" the short term and measurable gain of wetland function and
36.70A.175 system to reflect the relative (10th bullet) (pg 55); also, acreage in the long-term…(pg.80)
Wetlands regulated under function, value and uniqueness Rural and Resource Lands
development regulations of wetlands in their Existing Characteristics and
adopted pursuant to this jurisdictions. In developing Issues (intent) Preserve and
chapter shall be delineated in wetlands rating systems, enhance the rural character of
accordance with the manual counties and cities should Kitsap County (1st bullet)
adopted by the department consider the following: (i) The
pursuant to RCW 90.58.380. Washington state four-tier
wetlands rating system; (ii)
Wetlands functions and
values; WAC 173-22-080
Washington State Wetland
Identification and Delineation
Manual (Ecology publication #
96-94)
RCW 36.70A.020(10) WAC 365-195-410 Critical Element D: The County and Natural Systems C. Surface NS-33 The County shall require native vegetation buffers 19.200.225 Wetland +Buffer Development standards
Environment. Protect the areas. (1) Requirements. Prior Cities shall protect critical areas Water Goal #11: Protect the along streams and wetlands... (pg.80); NS-26 Kitsap County ( a regulated wetland and its buffer is a critical area.)
environment and enhance the to the development of (wetlands, aquifer recharge water quality of rivers, shall safeguard surface water resources by only allowing There shall be no activity allowed within a regulated
state's high quality of life, comprehensive plans, cities areas, fish and wildlife habitat streams, lakes, wetlands, development that is compatible in critical areas such wetland or its buffer unless specifically allowed under
including air and water and counties ought to have areas, frequently flooded areas, Puget Sound and Hood Canal as...wetlands (pg 79); NS-28 Kitsap County should this title (Ord. 217 (1998) § 3 (part), 1998)
quality, and the availability of designated critical areas and steep slopes and geologically while allowing for compatible minimize and mitigate for impervious surface and loss of [Table 2: Regulated Uses and Activities (1-35) in
water. See also RCW adopted regulations protective hazardous areas)… (pg.13) development (pg 79); #14: natural vegetative cover associated with Regulated Wetlands and Buffers] Ord. 217 (1998) § 3
90.58.030 (2) (d) and (f) (ii) of them. Such areas are develop a critical areas development...(pg79); (part), 1998)
shoreline designations defined to include: (a) ordinance that protects
including wetlands and Wetlands; surface water resource areas
buffers RCW 90.58.140 WAC 173-26-211 Environment including fish and wildlife
Development permits -- designation system. This habitats and wetlands (pg.79)
Grounds for granting -- section applies to the
Administration by local establishment of environment
government, conditions -- - designation boundaries and
Approval when permit for provisions as described in
variance or conditional use WAC 173-26-191 (1)(d).
Such shoreline areas include
largely undisturbed portions of
shoreline areas such as
wetlands
RCW 36.70A.060 Natural WAC 365-195-330 Rural Element C.1 a. Preserve the Natural Systems C. Surface RL-1, 5th &6th bullet-Rural Area designations...areas...to be 19.200.235 Additional development standards for
Resource Lands and critical element (2) character of ..rural areas by Water Resources Goal #12 protected for...environmental functions; and, areas in which regulated uses-A. Docks, B. Forest Practice Class IV,
areas- Development Recommendations for meeting protecting and enhancing the Evaluate potential impacts to significant environmental constraints make the area C. Agriculture, D. Road/Street Repair, E. Land
Standards; RCW 90.58.030 requirements. (v) natural environment..(pg 11); surface water quality during ...unsuitable for ...urban development (pg 57); RL-12 Design Divisions and Land Use Permits, F. Surface Water
(3) D and E. Definitions and Establishment of criteria for and, 2…preserving rural land the development review standards, development practices...in the rural area (pg 60); Management, G.Trails and Trail-Related Facilities,
criteria for shoreline environmental protection, use and development patterns process; and, #15 Enhance RL-22 Changes to land use H.Utilities in Wetlands or Wetland Buffers, J. Parks.
development, substantial including programs to control (pg 11); Element D. 1.b. The and restore degraded wetland. designations..should...incorporate ...development (Ord. 217 (1998) § 3 (part), 1998)
development and nonpoint sources of water County and the Cities shall stream and shoreline areas standards, design guidelines..including ..(5th bullet)
uses/activities not considered pollution and to preserve and preserve and enhance...wildlife (pg 79) significant natural features or constraints to be preserved
substantial. enhance habitat for fish and habitats [and] critical areas ((pp64-65); NS-26 Kitsap County shall safeguard surface
wildlife. resource lands... (pg 13) water resources by only allowing development that is
WAC 173-27-040 compatible in critical areas such as...wetlands (pg 79); NS-
Developments exempt from 32 Kitsap County shall require construction activities to use
substantial development permit best management practices...(pg 80)
requirement.
Kitsap County Code Developement
Vertical Analysis Critical Areas Ordinance
Version 8/9/2005 D R A F T Wetlands page 5Kitsap County Code Development Critical Areas Ordinance Chapter 19.200
Wetlands - Vertical Analysis
No.
RCW WAC County-wide Planning Policies Comprehensive Plan Goals Comprehensive Plan Policies Kitsap County Code
RCW 36.70A.172 1) In WAC 173-27-040 Element D 2.c. The County Natural Systems C. Surface RL-1, 5th &6th bullet-Rural Area designations areas...to be 19.200.240 Special use review.
designating and protecting Developments exempt from and the Cities shall establish Water Resources Goal #12 protected for environmental functions; and, areas in which (Ord. 217 (1998) § 3 (part), 1998)
critical areas under this substantial development permit and implement best Evaluate potential impacts to significant environmental constraints make the area
chapter, counties and cities requirement(7) "Exempt" management practices to surface water quality during ...unsuitable for ...urban development (pg 57); RL-12 Design
shall include the best developments are those set protect the long-term integrity the development review standards, development practices...in the rural area (pg 60);
available science in forth in WAC 173-27-040 and of the natural environment…(pg process; and #15 Enhance RL-22 Changes to land use
developing policies and RCW 90.58.030 (3)(e), 13) and restore degraded wetland, designations..should...incorporate ...development
development regulations to 90.58.140(9), stream and shoreline areas standards, design guidelines..including ..(5th bullet)
protect the functions and 90.58.147,90.58.355 , and (pg)79 significant natural features or constraints to be preserved
values of critical areas. In 90.58.515 which are not ((pp64-65); NS-26 Kitsap County shall safeguard .. water
addition, counties and cities required to obtain a substantial resources by only allowing development that is compatible
shall give special development permit but which in...wetlands (pg 79)
consideration to conservation must otherwise comply with
or protection measures applicable provisions of the act
necessary to preserve or and the local master program;
enhance anadromous
fisheries
RCW 36.70A.470 (1) Project WAC 173-27-020 Purpose. Element D. 4.c. Kitsap County Natural Systems D. NS-58 Where wetland functions are altered or displaced, 19.200.245 Application requirements. (Ord. 217
review, which shall be RCW 90.58.140(3) requires shall coordinate and maintain a Frequently Flooded Areas E. replacement shall occur within the drainage basin (pg82); (1998) § 3 (part), 1998)
conducted pursuant to the local governments to establish regional database of best Plant, Fish and Wildlife Habitat NS-62 The County should work to minimize habitat
provisions of chapter 36.70B. a program, consistent with available science… (pg 14) Conservation Areas Goal #24 fragmentation… (pg 84)
rules adopted by the Develop a critical areas
department of ecology, for the ordinance and development
administration and regulations which protect
enforcement of the permit habitat.. (pg 83)
system
RCW 36.70A.175 Wetlands WAC 365-190-080 (1) (b) Element D. 4.c. Kitsap County Natural Systems Goal#13 NS-29 The County's GIS should map wetlands…identified in 19.200.250 Determination of wetland boundaries.
regulated under development Counties and cities may use shall coordinate and maintain a Increase the accuracy of delineations for site plans and development proposals and (Ord. 217 (1998) § 3 (part), 1998)
regulations adopted pursuant the National Wetlands regional database of best information about wetlands.. should map the findings of...local wetland inventories (pg
to this chapter shall be Inventory as an information available science… (pg 14) (pg 79) 79); NS-30 The County should support and encourage
delineated in accordance with source for determining the community groups to sponsor professionally conducted
the manual adopted by the approximate distribution and local wetlands inventories (pg 79); NS-60 Kitsap County
department pursuant to RCW extent of wetlands. shall maintain and update a Countywide inventory
90.58.380 of..habitat...(pg 83)
RCW 36.70A.172(1) In WAC 365-195-410 Critical Element D. 2.e. The County Natural Systems C. Surface NS-58 Where wetland functions are altered or displaced, 19.200.255 Wetland mitigation requirements.
designating and protecting areas. (2) Recommendations and the Cities shall encourage Water Resources Goal #12 replacement shall occur within the drainage basin (pg82); (Ord. 217 (1998) § 3 (part), 1998)
critical areas under this for meeting requirements.(d) In the use of environmentally Evaluate potential impacts to NS-62 The County should work to minimize habitat C.Mitigation Plan Requirements D.On-Site
chapter, counties and cities connection with critical area sensitive development surface water quality during fragmentation… (pg 84) Compensatory Mitigation
shall include the best protection, the department practices to minimize the the development review F.Off-Site Compensatory Mitigation also includes
available science in recommends that planning impacts of growth on the process (pg 79); Replacement Ratios for on and off site comp.
developing policies and jurisdictions identify the County's natural resource Monitoring Requirements and Mitigation Banking (Ord.
development regulations to policies by which decisions are systems. (pg 13); Element C.1 217 (1998) § 3 (part), 1998)
protect the functions and made on when and how police a. Preserve the character of
values of critical areas. In powers will be used ..rural areas by protecting and
addition, counties and cities (regulation) and when and how enhancing the natural
shall give special other means will be employed environment..(pg 11); and,
consideration to conservation (purchases, development 2…preserving rural land use
or protection measures rights, etc.). and development patterns (pg
necessary to preserve or 11);
enhance anadromous
fisheries.
Kitsap County Code Developement
Vertical Analysis Critical Areas Ordinance
Version 8/9/2005 D R A F T Wetlands page 6Kitsap County Code Development Critical Areas Ordinance Chapter 19.200
Wetlands - Vertical Analysis
No.
RCW WAC County-wide Planning Policies Comprehensive Plan Goals Comprehensive Plan Policies Kitsap County Code
RCW 36.70A.165 WAC 365-195-330 Rural Element D. 1…creating a Natural Systems C. #15 RL-10 (second bullet) Design to preserve environmentally 19.200.260 Incentives for wetlands protection. (Ord.
The legislature recognizes element. (2) regional network of open Enhance and restore sensitive areas… (pg 59); NS-34 Kitsap County shall strive 217 (1998) § 3 (part), 1998)
that the preservation of urban Recommendations for meeting space. b. The County and the degraded wetland, stream and to achieve no net loss of wetland function and acreage in
greenbelts is an integral part requirements. The following Cities shall preserve and shoreline areas (pg)79 the short term and measurable gain of wetland function and
of comprehensive growth steps are recommended in enhance...wildlife habitats [and] acreage in the long-term…(pg.80)
management in Washington preparing the rural element (d) critical areas resource lands...
Adoption of policies for (pg 13)
preservation of the rural
character of such lands,
including:
(iii) Encouragement of the use
of rural lands for recreational
pursuits which preserve open
space and are environmentally
benign;
Kitsap County Code Developement
Vertical Analysis Critical Areas Ordinance
Version 8/9/2005 D R A F T Wetlands page 7Kitsap County Code Development
Critical Areas Ordinance Chapter 19.300
Fish Wildlife Habitat Conservation Areas
A B C D E F G
No. RCW WAC County-wide Planning Policies Comprehensive Plan Goals Comprehensive Plan Policies Kitsap County Code
1
19.300 Fish and Wildlife Habitat Conservation Areas
2
RCW 79A.20.005 (g) Only through WAC 232-14-010 Hydraulic Code Element C.1... preserv(e) rural character and Land Use B. Residential Development (intent RL-32 The County will develop and consider a 19.300.305 ..
ongoing, responsible management guidelines...prior to construction or other work enhanc(e) the natural encironment Element D. 3.a. and designations section) Urban clustering program..that include(s)..design to intent of the chapter:
can fish and wildlife habitat, that will use, divert, obstruct, or change the The County and the Cities shall preserve, protect Restricted..areas include significant slamon preserve environmentally sensitive areas…RL- A.Preserve natural flood control, storm water storage and
sensitive ecosystems, and natural flow or bed of any of the salt or fresh and where possible restore the functions of natural spawning streams, wetlands and steep 33The County shall consider creation of a TDR drainage or stream flow patterns;
recreational values be protected; waters of the state, that written approval be habitats to support Endangered Species Act-listed slopes..(t)he intent is that development would be program..(that) consider(s)...provision for B.Control siltation, protect nutrient reserves and maintain
RCW 36.70A.011...the legislature obtained from the director of the department species, through the adoption of comprehensive limited in these areas to protect the protection of ...environmental sensitive stream flows and stream quality for fish and marine
finds that in defining its rural of fisheries or department of game; WAC 232-plan policies, critical areas ordinances, shoreline environmentally sensitive areas within the areas...OS-1 Lands shellfish;
element...a county should foster 12-011 Wildlife classified as protected shall master programs and other Developement UGAs. E. Open Space and Greenways Goal #20 identified…for..preservation..shall C.Prevent turbidity and pollution of streams and fish or
land use patterns...that will..be not be hunted or fished; add references to regulations...(pg 14). Protect Kitsap County's resources, natural include..areas identified as critical fish and shellfish-bearing waters;
compatible with the use of the land habitat-general and open space/acquisition systems and ecologically sensitive areas that wildlife habitat (pg 39); NS-63 The County shall D.Preserve and protect habitat adequate to support viable
by wildlife and for fish and wildlife (intent items D and E) include wildlife habitat and corridors (pg 39); consider the impacts to habitat conservation populations of native wildlife in Kitsap County; and
habitat..RCW 43.21C.010 The Rural Lands Goal #1 Retain the rural character areas and fish and wildlife populations in E.Encourage non-regulatory methods of habitat retention
purposes of this chapter are: (1) To of Kitsap County outside of urban areas; #7 designating land use and zongin classifications whenever practical, through education, and the open space
declare a state policy which will Preserve and enhance natural resource-based tax program. (Ord. 217 (1998) § 3 (part), 1998)
encourage productive and enjoyable activities... Natural Systems C. Surface Water
harmony between man and his Resources Goal #11 Protect the water quality of
environment; (2) to promote efforts rivers, streams, lakes, wetlands..; #14 Develop a
which will prevent or eliminate critical area ordinance that protects surface
damage to the environment and water resource areas including fish and wildlife
biosphere; (3) and stimulate the habitat..(pg 79);
health and welfare of man; and (4)
to enrich the understanding of the
ecological systems and natural
resources important to the state and
nation.
3
RCW 77.12.020 (1)[The director WAC 222-16-031(1) "Type 1 Water" means Element D.4.d.Upon adoption of a state Land Use B. Residential Development (intent SW-1 Kitsap County will consider and adopt 19.300.310 Fish and wildlife habitat conservation area
shall investigate] the habits and all waters, within their ordinary high-water classification system, the Cities and the County and designation section) Urban Cluster ordinances and programs to control stormwater categories. A.Classification 1. Streams. Type 1 Streams
distribution of the various species of mark, as inventoried as "shorelines of the shall adopt a single system for stream typing (pg Residential The designation allows...for such runoff…(pg 51); NS-26 Kitsap County shall inventoried as "Shorelines of the State" under the Shoreline
wildlife native to or adaptable to the state" under chapter RCW 90.58; (2) "Type 2 14); development while simultaneously providing a safeguard surface water resources.. (pg 79); Management Master Program for Kitsap County, pursuant
habitats of the state Water" means segments of natural waters high level of protection for...streams and wildlife NS-51 The natural vegetation in floodplains to RCW Chapter 90.58. Type 1 waters contain salmonid
which are not classified as Type 1 Water and habitat areas, including areas that will help should be maintained to minimize runoff into fish habitat; Type 2 (and) Type 3 Streams... contain habitat
have a high fish, wildlife, or human use; (3) maintain the vitality of salmonid habitat; Natural streams (pg 81). for salmonid fish, game fish, other.. anadromous fish; Type
"Type 3 Water" means segments of natural Systems E. Plant, Fish and Wildlife Habitat 4 Streams..do not contain salmonid fish habitat; Type 5
waters which are not classified as Type 1 or 2 Conservation Areas Goal #23 Identify and Streams... perennial or intermittent seepage, ponds, and
Waters and have a moderate to slight fish, protect habitat conservation areas and other drainage ways having short periods of spring or storm
wildlife, and human use; (4) "Type 4 Water" important habitats throughout Kitsap County; runoff. (Ord. 217 (1998) § 3 (part), 1998)
means all segments of natural waters within and, #27 Identify species of local importance
the bankfull width of defined channels that are within Kitsap County (pg 83)
perennial nonfish habitat streams.
4
RCW 90.58.030 (2) Geographical WAC 222-16-030 the DNR Water Typing ElementC.4.b. The County's Comprehensive Plan Natural Systems C. Surface Water Resources RL-11 Kitsap County will consider development 2.Saltwater Shorelines, and Lakes 20 Acres and Greater
(c) "Shorelines of the state" are the System (see above); WAC 173-20-040 policies shall promote clustering residential Goal #15 Enhance and restore..shoreline areas of a program to preserve undeveloped rural in Surface Area; and, 3. Lakes Less Than 20 Acres in
total of all "shorelines" and Lakes coming under purview of chapter 90.58 devlopement and other techniques to protect and (pg 79); E.Plant, Fish and Wildlife Habitat shorelines…(pg 60); NS-75 Minimize Surface Area. (Ord. 217 (1998) § 3 (part), 1998)
"shorelines of statewide RCW; WAC 173-201A-200 Fresh water enhance...natural resources and critical Conservation Areas Goal #25 Protect, enhance, sedimentation and turbidity in fresh and marine
significance" within the state. RCW designated uses and criteria; WAC 173-201A-areas...Element D.1.b. The County and the Cities restore aquatic habitat areas, such as stream, waters through measures which…reduce
90.58 (2) (d) (iii) shorelines on lakes 210 Marine water designated uses and shall preserve and enhance….networks and wetlands, lakes…(pg 83). stream and shoreline erosion (pg 85)
less than twenty acres in size and criteria...(in both).. (1) Aquatic life uses It is linkages of…wildlife habitats…(pg 13)
wetlands associated with such small required that all indigenous fish and nonfish
lakes; aquatic species be protected in waters of the
5 state..
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RCW 36.70A.030 (5) "Critical areas" WAC 232-12-014 Wildlife classified as Element D.2.g. The County and the Cities shall Rural and Resource Lands Goal # 6 Protect UGA-12 g. (Urban Joint) Plan(s) shall provide 4.Wildlife Conservation Areas Class I and Class II (Ord.
include the following areas and endangered species; WAC 232-12-011 (1) protect and enhance ecosystems that support natural resource lands from incompatible for the protection and restoration of salmon 217 (1998) § 3 (part), 1998)
ecosystems (c) fish and wildlife Threatened species are any wildlife species Washington State's Priority Habitat Species as adjacent development; Natural Systems E. habitat...RL-1 (4th bullet) The rural area
habitat conservation areas; native to the state of Washington that are identified by the Washington Department of Fish Plant, Fish and Wildlife Habitat Goal #23 Identify designations…include…areas where the open
likely to become endangered within the and Wildlife (pg 14); and, D.3 (all) (P)olicies (that) and protect habitat conservation areas and other space character is to be protected for
foreseeable future throughout a significant relate to listed species recovery under the important habitats. …environmental functions (pg 57); NS-59
portion of their range within the state without Endangered Species Act Kitsap County shall work..to conduct and
cooperative management or removal of maintain thorough, countywide inventories of
threats habitat types and areas with important habitat
elements. Based on these inventories, a
habitat protection plan should be developed
that identifies areas most in need of
6 protection..(pg 83).
RCW 36.70A.020 Planning goals. WAC 365-190-020 Purpose...to preclude land Element D.2.c. The County and the Cities shall Natural Systems E. Plant, Fish and Wildlife RL-25 In general, development 19.300.315 Development standards. Table of
(9) Retain open space, enhance uses and developments which are establish and implement best management Habitat Goal .#24 Develop a critical areas regulations...should consider..maximum Conservation Area Category x Development Standard
recreational opportunities, conserve incompatible with critical areas..Precluding practices to protect the long term integrity of the ordinance and development regulations, which protection of sensitive natural features (2nd (buffer/Setback/Other)includes analysis for Class I and
fish and wildlife habitat, ... incompatible uses and development does not natural environment...and, e. The County and the protect habitat conservation areas..(pg 83) bullet);SW-1 Kitsap County will consider and Class II Wildlife Conservation Area Development
mean a prohibition of all uses or Cities shall encourage the use of environmentally adopt ordinances and programs to control Standards (Ord. 217 (1998) § 3 (part), 1998)
development. Rather, it means governing sensitive Developement practices to minimize stormwater runoff…(pg 51); NS-26 Kitsap
changes in land uses, new activities, or impacts of growth on the County's natural resource County shall safeguard ..water resources by
development that could adversely affect systems (pg 13).3.a. The County and the Cities only allowing development that is compatible in
critical areas. shall preserve, protect and where possible restore critical areas..(pg 79); NS-51 The natural
the functions of natural habitats to support vegetation in floodplains should be
Endangered Species Act-listed species, through the maintained..(pg 81)
adoption of comprehensive plan policies, critical
areas ordinances, shoreline master programs and
other Developement regulations...(pg 14).
7
RCW 36.70A.060 WAC 365-195-410 Critical areas 2.(b) Element C. 1.a. Preserve the character of identified Natural Systems C. Surface Water Resources OS-8 Minimum sizes for buffers..should be 19.300.315Development standards A. 1. Buffer Widths,
Natural resource lands and critical Critical areas should be designated and rural areas by protecting and enhancing the natural Goal #12 Evaluate potential impacts to surface established based on scientifically known Setbacks for Shorelines (Ord. 217 (1998) § 3 (part),
areas -- Development regulations protected wherever the applicable natural environment, open space and recreational water quality during the development review needs of particular wildlife ..(pg 40); NS-66 To 1998)
(2) Each county and city shall adopt conditions exist, whether within or outside of opportunities…(pg11); Element D.2.b The County process; and, #16 Develop and implement a protect fish and wildlife habitat, Kitsap County
development regulations that protect urban growth areas; WAC 173-26-241 (2) (a) and the Cities shall protect critical areas…e. The Countywide Surface and Stormwater requires vegetative buffers along streams ,
critical areas.. (ii) Ensure that all shoreline master program County and the Cities shall encourage the use of Management Program to improve runoff quality lakes, ponds, wetlands and marine shorelines.
provisions concerning proposed development environmentally sensitive development and reduce runoff flow rates (pg 79); E. Plant, Larger or enhanced buffer areas may be
of property are established, as necessary, to practices...(pg 13). Fish and Wildlife Habitat Goal #24 Develop a required to adequately protect priority fish and
protect the public's health, safety, and critical areas ordinance and development wildlife species (pg 84)
welfare, as well as the land and its vegetation regulations, which protect habitat conservation
and wildlife; WAC 173-26-241 (3)(j) areas and important habitat elements (pg 83);
Residential development. Single-family
residences are the most common form of
shoreline development and are identified as a
priority use when developed in a manner
consistent with control of pollution and
prevention of damage to the natural
environment...Master programs shall include
policies and regulations that assure no net
loss of shoreline ecological functions will
result from residential development. Such
provisions should include specific regulations
for setbacks and buffer areas
8
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RCW 36.70A.050 WAC 332-30-107 Aquatic land planning..(2) Element C. (introd.) Rural areas..contain significant RL-22/24 Changes to land use designations for 19.700.010 Special Reports II Habitat Management Plans
Guidelines to classify agriculture, Planning objectives...Planning should allow amounts of complex natural systems.. It is a high limited areas of more intensive Ord. 217 (1998) § 3 (part), 1998)
forest, and mineral lands and critical for a variety of uses and activities,..and priority to preserve and enhance..these areas.. development/commercial/industrial area…(s)
areas. RCW 79A.15.010 improvement of aquatic plant and animal C.1.a Preserve the character of identified rural specific issues that should be considered..(5th
Definitions (3) "Critical habitat" habitat, WAC 222-16-080(5)(b) Critical areas by protecting and enhancing the natural and 6th bullet) significant natural constraints or
means lands important for the habitats (state) of threatened and endangered environment...Element D.2.g. The County and the features to be preserved; provision for a
protection, management, or public species. baseline rules for wildlife Cities shall protect and enhance ecosystems that monitoring and evaluation process
enjoyment of certain wildlife species protection. To the extent possible, this system support Washington State's Priority Habitat and
or groups of species, including, but shall:(i) Use the best science and Species...
not limited to, wintering range for management advice available; (ii) Use a
deer, elk, and other species, landscape approach to wildlife protection; (iii)
waterfowl and upland bird habitat, Be designed to avoid the potential for
fish habitat, and habitat for substantial impact to the environment; (iv)
endangered, threatened, or Protect known populations of threatened and
sensitive species RCW 79.71.070 endangered species of wildlife...
Management plans...plan shall
identify the significant resources to
be conserved..what types of
management activities and public
uses that are permitted
10
11
12
13
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RCW WAC County-wide Planning Policies Comprehensive Plan Goals Comprehensive Plan Policies Kitsap County Code
RCW 36.70A.060 WAC 365-195-410 Critical areas. Element D 2.b. The County and the Natural Systems A. Geologically Critical NS-1 Development in 19.400 Geologically
Natural resource lands and critical (1) Requirements. Prior to the Cities shall protect critical Areas (geologically hazardous areas; geologically critical areas should hazardous areas.19.400.405
areas…(2) Each county and city shall development of comprehensive areas…and other environmental areas of geologic concern) Goal #1Protect occur in a manner that poses no Purpose and intent A..protect
adopt development regulations that plans, cities and counties ought to amenities..(pg 13); Element J.1.a. public safety and health…diminish the hazard to health or property and human life and property; B.
protect critical areas... have designated critical areas and …Economic development should be public cost of repairing areas from that minimizes impacts to the control erosion, siltation and
adopted regulations protective of balanced with environmental damage due to landslides, erosion and natural environment (pg 75) water quality to protect fish
them concerns and protect the quality of seismic activity and marine shellfish;
life (pg 29) C.Provide controls to minimize
shoreline erosion..D.Use
innovative site planning by
placing geol. haz. areas and
buffers in open space..(Ord.
217 (1998) § 3 (part), 1998)
WAC 365-190-080 Critical areas (4) Element D 2.b. The County and the Natural Systems A. Geologically Critical NS-2 The geologically critical 19.400.410 Geologically
Geologically hazardous areas.(a) Cities shall protect critical Areas (geologically hazardous areas; areas map shall be based on hazardous area
Geologically hazardous areas include areas…and other environmental areas of geologic concern) Goal # 2 information form the Coastal categories.A.Classification(s)
areas susceptible to erosion, sliding, amenities..(pg 13); Element J.1.a. Consider geologically critical areas in Zone Atlas of Washington…etc; 1.Geologically Hazardous
earthquake, or other geological …Economic development should be designating land use and zoning NS-3 Hydric soils shall be Areas.a.Areas with slopes
events. They pose a threat to the balanced with environmental classifications (pg75) delineated on a wetlands map greater than thirty percent and
health and safety of citizens when concerns and protect the quality of and development on these soils mapped by the Coastal Zone
incompatible commercial, residential, life (pg 29) shall be in accordance with Atlas or Quaternary Geology
or industrial development is sited in wetlands policies and and Stratigraphy of Kitsap
areas of significant hazard. Some regulations; and, NS-5 The County as "Unstable" (U),
geological hazards can be reduced geologically critical areas map "Unstable Old Land Slides"
or mitigated by engineering, design, shall be updated regularly to (UOS) or "Unstable Recent
or modified construction or mining reflect the latest information (pg Slides" (URS)....2. Areas of
practices so that risks to health and 75). Geologic Concern.a.Areas
safety are acceptable. When designated U, UOS, or
technology cannot reduce risks to URS..with slopes less than
acceptable levels, building in thirty percent..to meet the
geologically hazardous areas is best criteria for U, URS, and
avoided. This distinction should be UOS;b.Slopes identified as
considered by counties and cities "Intermediate Slopes fifteen
that do not now classify geological percent or greater
hazards as they develop their c.Slopes fifteen percent or
classification scheme. (a) Areas that greater...with soils classified
are susceptible to one or more of the ...as "highly erodible" or
following types of hazards shall be "potentially highly erodible;"
classified as a geologically d.Slopes of fifteen percent or
hazardous area:(i) Erosion hazard(ii) greater with springs or
Landslide hazard;(iii) Seismic hazard; groundwater
or(iv) Areas subject to other seepage;e.Seismic areas
geological events such as coal mine subject to liquefaction from
hazards and volcanic hazards includin earthquakes (seismic hazard
areas)(Ord. 217 (1998) § 3
Kitsap County Code Development Critical Areas Ordinace
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RCW WAC County-wide Planning Policies Comprehensive Plan Goals Comprehensive Plan Policies Kitsap County Code
RCW 36.70A.030 WAC 173-26-201 Comprehensive see above Natural Systems A. Geologically Critical NS-7 Prohibit development in 19.400.410 B.Site Specific
Definitions.(9)"Geologically process to prepare or amend Areas Goal #2 Consider geologically geologically hazardous areas Determinations..Should the
hazardous areas" means areas that shoreline master programs..(c) critical areas in designating land use and unless the site is demonstrated applicant question the
because of their susceptibility to Inventory shoreline conditions..(ii) zoning classifications; and, #3 Maintain by a qualified geotechnician to information the county must
erosion, sliding, earthquake, or other Critical areas, including wetlands, and update a County map for land use be suitable for building (pg 75) rely on to determine whether a
geological events, are not suited to aquifer recharge areas, fish and planning and regulatory purposes that ;and, NS-8 Establish location contains a geologically
the siting of commercial, residential, wildlife conservation areas, depict geologically hazardous areas of development standards in hazardous area or area of
or industrial development consistent geologically hazardous areas..WAC geologic concern geologically critical areas that geologic concern, the county
with public health or safety concerns. 173-26-221 General master promote maintenance of existing may ask the applicant to
program provisions..(2) Critical vegetation, discourage clearing submit the appropriate
areas""Critical areas" include e) of ridgelines and slopes for geotechnical or geologic report
geologically hazardous areas." WAC scenic vistas and stormwater to confirm or modify the
365-195-345 Optional elements. (1) drainage impacts (pg 76) existing information known
A comprehensive plan may include about the area;The intent of
additional elements, items, or studies this provision is to allow
dealing with other subjects relating to obviously non-geologically
the physical development within its hazardous sites to be
jurisdiction, including (b) determined as such. Where
Environmental protection (including there is any ambiguity about
critical areas) the potential for geologic
hazards whatsoever, the
department will require a
geotechnical or geological
report, rather than make a non-
geologically hazardous
determination Ord. 217 (1998)
§ 3 (part), 1998)
RCW 36.70A.030(7) "Development WAC 365-195-410 Critical see above Natural Systems A. Geologically Critical NS-1Development in 19.400.415 Development
regulations" or "regulation" means areas..cities and counties ought to Areas Goal #4 Develop a critical areas geologically critical areas should Standards(Ord. 217 (1998) §
the controls placed on development have designated critical areas and ordinance that addresses land use occur in a manner that poses no 3 (part), 1998).
or land use activities by a county or adopted regulations protective of controls in geologically critical areas; and, hazard to health or property and
city, including, but not limited to, them; WAC 173-26-221 (ii) #5 Protect the forested slopes and that minimizes impacts to the
zoning ordinances, critical areas Geologically hazardous areas. ridgelines designated as geologically natural environment; NS-6
ordinances, shoreline master Development in designated critical areas. Formulate design criteria Building and land use
programs, official controls, planned geologically hazardous areas shall for Developement in areas of geologic applications in geologically
unit development ordinances, be regulated in accordance with the concern (pg 75) critical areas will be reviewed to
subdivision ordinances, and binding following: (A) Consult minimum see that public health, safety
site plan ordinances together with guidelines for geologically hazardous and welfare are protected (pg
any amendments thereto. A areas, WAC 365-190-080(4). 75); NS-8 Establish
development regulation does not development standards in
include a decision to approve a geologically critical areas that
project permit application, as defined promote maintenance of existing
in RCW 36.70B.020, even though the vegetation, discourage clearing
decision may be expressed in a of ridgelines and slopes for
resolution or ordinance of the scenic vistas and stormwater
legislative body of the county or city. drainage impacts (pg 76) ; NS-9
Kitsap County will encourage
building sites to be located away
from critical areas like steep
slopes and break-in-slopes (pg
76)
Kitsap County Code Development Critical Areas Ordinace
Vertical Analysis Geologically Hazardous Areas
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