Kitsap County Code Development Critical Areas Ordinance Chapter 19 Vertical Analysis - Kitsap County Code Development Vertical Analysis

 
Kitsap County Code Development
                                 Critical Areas Ordinance Chapter 19
                     1
                                            Vertical Analysis

Kitsap County Code Development
Vertical Analysis                              D R A F T               Version 8/9/2005
Kitsap 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                                                                                                                                                                                                                                                                           2
Kitsap 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                                                                                                                                                                                                                                                                             3
Kitsap 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 4
Kitsap 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 5
Kitsap 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 6
Kitsap 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 7
Kitsap 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..

Kitsap County Code Development                                                                                                                                                                                                                                                                                 Critical Areas Ordinance
Vertical Analysis                                                                                                                                                                                                                                                                                              Fish and Wildlife Habitat
Version 8/9/2005                                                                                                                                             D R A F T                                                                                                                                      Conservation Areas page 8
Kitsap 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
           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

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 9

Kitsap County Code Development                                                                                                                                                                                                                                                                                   Critical Areas Ordinance
Vertical Analysis                                                                                                                                                                                                                                                                                                Fish and Wildlife Habitat
Version 8/9/2005                                                                                                                                               D R A F T                                                                                                                                      Conservation Areas page 9
Kitsap 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
            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
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Kitsap County Code Development                                                                                                                                                                                                                                                         Critical Areas Ordinance
Vertical Analysis                                                                                                                                                                                                                                                                      Fish and Wildlife Habitat
Version 8/9/2005                                                                                                                                                D R A F T                                                                                                           Conservation Areas page 10
Kitsap County Code Development Critical Areas Ordinance Chapter 19.400
                                                                                                               Geologically Hazardous Areas

                                                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
Vertical Analysis                                                                                                                                                                                                                                                Geologically Hazardous Areas
Version 8/9/2005                                                                                                           D R A F T                                                                                                                                                   page 11
Kitsap County Code Development Critical Areas Ordinance Chapter 19.400
                                                                                                                 Geologically Hazardous Areas

                                                 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
Version 8/9/2005                                                                                                             D R A F T                                                                                                                                                page 12
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