§ 2-1. Dedication and acceptance of easements for public works projects on noncounty property.

(a)

Prior to the commencement by this county of any maintenance, construction or other activity involving county workers, machinery or funds on lands not owned in fee simple by the county, there shall have first been a determination by a majority of the board of county commissioners at a regular or special meeting that the proposed activity constitutes a project or activity which is in the common interest of the residents and citizens of the county; such activity is referred to in this section as a public works project.

(b)

Upon a determination by a majority of the board of county commissioners that a particular project or activity constitutes a public works project, no activity involving county workers, machinery or funds shall take place unless there first is obtained from the lawful owners of any affected lands the execution and delivery of a valid temporary or permanent easement over all lands on which the activity will take place. The easement shall be appropriate to the circumstances of the particular proposed activity, as determined by the board. The easement shall be recorded in the land records of the county upon presentation to and acceptance by the board.

(c)

The procedures and requirements specified in subsections (a) and (b) of this section shall not apply to any projects or activities on lands to which the county holds title or a valid easement (as of the effective date of the ordinance from which this section derives), by valid written grant and acceptance, by valid written dedication and acceptance, by condemnation or eminent domain, by prescription, or by statutory dedication by maintenance.

(d)

As to any public works projects to be performed by the county, no maintenance, construction or other activity involving county workers, machinery or funds shall take place until there shall first have been applied for and obtained any and all necessary permits from other governmental agencies in accordance with law or applicable regulation, including, but not limited to, any permits required by the United States Environmental Protection Agency, or the state department of environmental protection, department of health and rehabilitative services, or the Northwest Florida Water Management District.

(Ord. No. 90-6, §§ 1—4, 6-12-90)