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Builders of new structures proposed to be located on parcels adjacent to forest lands or on lands designated local forest shall:

(1) Establish and maintain a minimum 100-foot setback, which shall be a resource protection area, from the property boundaries of adjacent forest lands except as follows:

(a) If the size, shape, and/or physical site constraints of an existing legal lot do not allow a setback of 100 feet, the new structure shall maintain the maximum setback possible as determined by the department; or

(b) If the owner of the land on which the new structure is proposed and the owner of the adjacent forest land each sign and record with the county auditor, in the manner required by law for covenants running with the land, a document which establishes an alternative setback for one or both of the properties, a setback of less than 100 feet may be maintained;

(2) Submit a notice signed by the developing landowner and recorded with the title of the developing property, which explains the ability of the forest landowner to practice forestry using management practices as allowed under Title 222 WAC;

(3) Provide adequate access for fire vehicles; and

(4) If the proposed structure is located within 200 feet of the boundary of the property designated forest land, survey the property boundaries that abut forest land, locate the property boundaries on the ground, and submit a record of survey with a building permit application. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).