7-2-5: INCIDENTAL TAKE PERMIT; COMPLIANCE WITH ENDANGERED SPECIES ACT:
   A.   Required: All applicants for a land disturbance permit shall complete a land disturbance/mitigation fee form described in section 7-2-9 of this chapter prior to issuance of the permit.
   B.   Compliance With The Endangered Species Act:
      1.   All persons, firms or entities located within Clark County which engage in any activity covered pursuant to the Clark County multiple species habitat conservation plan (MSHCP), including, but not limited to, residential and commercial development, agriculture, mining, grazing and off highway vehicle activities must comply with the applicable provisions of the incidental take permit to be included, by certificate of inclusion, for coverage under the incidental take permit.
      2.   All persons, firms or entities, their agents and employees, which comply with the provisions of this chapter are hereby permitted to incidentally take any species for which the United States fish and wildlife service has issued the incidental take permit so long as such person, firm or entity has complied and continues to comply with the applicable provisions of the incidental take permit.
      3.   All persons, firms, or entities which are not required to pay an MSHCP mitigation fee pursuant to the terms of this chapter, but are otherwise in compliance with the applicable provisions of the incidental take permit, are hereby permitted to incidentally take any species covered by the incidental take permit.
      4.   The certificate of inclusion that allows a person, firm or entity to comply with the federal endangered species act through the incidental take permit, including the incidental take of species listed in the incidental take permit, shall be immediately revoked, without further action or notice, in the event such person, firm or entity ceases to be in compliance with subsection B1, B2 or B3 of this section. (Ord. 479, 3-11-2014)