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approval from [local unit of government], and any other 

 agency with jurisdiction over such activity. 



(NOTE: The following is is suggested language) 



2) The deed restriction shall also contain the following 

 language : 



A. "Before beginning and during the course of any grading, 

 building construction, or other development activity on 

 a lot or development site subject to this deed 

 restriction, the common boundary between the area 

 subject to the deed restriction and the area of 

 development activity must be fenced or otherwise marked 

 to the satisfaction of [local unit of government]." 



B. Regardless of the legal method of protection chosen by 

 the [Approval Authority], responsibility for maintaining 

 tracts shall be held by a homeowners association, 

 adjacent lot owners, the permit applicant or designee, 

 or other appropriate entity as approved by the [Approval 

 Authority] . 



C. The following note shall appear on the face of all 

 plats, short plats, PUDS, or other approved site plans 

 containing separate sensitive area tracts, and shall be 

 recorded on the title of record for all affected lots: 



NOTE: All lots adjoining separate sensitive area tracts 

 identified as Native Vegetation Protection Easements or 

 protected by deed restriction are responsible for 

 maintenance and protection of the tracts. Maintenance 

 includes insuring that no alterations occur within the 

 separate tract and that all vegetation remains 

 undisturbed unless the express written authorization of 

 the [local unit of government) has been received. 



The common boundary between a separate sensitive area 

 tract and the adjacent land must be permanently 

 identified. This identification shall include permanent 

 wood or metal signs on treated or metal posts. Signs 

 shall be worded as follows: 



"Protection of this natural area is in your care. 

 Alteration or disturbance is prohibited by law. Please 

 call the [Approval Authority] for more information." 



Sign locations and size specifications shall be approved 

 by the [Approval Authority] . The [Approval Authority] 

 shall require permanent fencing of the sensitive area 

 tract or tracts when there is a substantial likelihood 

 of the presence of domestic grazing animals within the 



