§ 150.03 DECLARATION OF INTENT.

   (A)   The purpose of the declaration of intent is to verify that the proposed activity is exempt under the provisions of § 150.02(B)(2), (3), (7), (10), (12), and (14). A declaration of intent shall be signed by the property owner whenever such exemption is claimed and shall be recorded prior to issuance of a permit.

   (B)   A declaration of intent runs with the land and shall bind any future purchasers of the property to the same extent as the original property owner.

   (C)   The existence of a declaration of intent does not preclude another exempted activity on the property subject to a declaration of intent, if the activity:

      (1)   Does not conflict with the purpose of any existing declaration of intent; and

      (2)   Complies with the applicable requirements for an exempted activity.

   (D)   If a regulated activity on the area covered by the declaration of intent occurs within seven years of the effective date of the declaration of intent, there shall be:

      (1)   An immediate loss of exemption; and

      (2)   An enforcement action taken by the county, as appropriate, under this chapter.

   (E)   An applicant may apply for a regulated activity on that area of the property not covered under the declaration of intent if the requirements of this chapter are satisfied.

   (F)   The county may require a person failing to file a declaration of intent or found in noncompliance with a declaration of intent to do any or all of the following:

      (1)   Meet the retention, afforestation, and reforestation requirements established in §§ 150.06, 150.07, and 150.08;

      (2)   Pay a noncompliance fee, pursuant to the provisions of § 150.99, for each square foot of forest cut or cleared under the declaration of intent;

      (3)   Be subject to other enforcement actions appropriate under § 150.99; or

      (4)   File a declaration of intent with the county.

   (G)   In its determination of appropriate enforcement action, the county may consider whether failure to file a declaration of intent by a person required to file is a knowing violation of this chapter.

(2004 Code, § 115-3) (Ord. 98-4, passed 11-18-1998; Ord. 02-03, passed 3-14-2002; Ord. 03-04, passed 1-30-2003; Ord. 04-05, passed 4-1-2004; Ord. 07-08, passed 5-3-2007; Ord. 2011-03, passed 5-17-2011; Ord. 2022-11, passed 8-25-2022)