(1) Each project shall provide flood protection and/or bank stabilization benefits to public resources or to property other than that owned by the project applicant;

(2) The owner of the property upon which the project is to be constructed shall grant the county a right of entry upon said property for the purposes of inspection and maintenance of the project. Evidence of the right of entry shall be recorded in the real property records of the county auditor and shall be binding upon all successors and assigns of the owner;

(3) The owner of the property upon which the project is constructed or the owner’s successors or assigns, shall maintain the project in a condition of good repair for a period of two years following construction. Should the department of conservation and natural resources determine that such maintenance is not being performed in a satisfactory manner, the department may perform such necessary maintenance itself and may require that the owner reimburse the county for its cost of participation in the project; and

(4) The project applicant shall execute a hold harmless and indemnity agreement, upon a form prescribed by the department of conservation and natural resources, to protect the county from claims from the project applicant or any third party arising out of the construction of the project. (Added by Ord. 06-099, Jan. 3, 2007, Eff date Jan. 18, 2007; Amended by Amended Ord. 20-081, Jan. 20, 2021, Eff date Jan. 30, 2021).