Perpetual Easement For A Wetland Bank

State:
Colorado
Control #:
CO-EAS-3
Format:
Word; 
Rich Text
Instant download

Description

For the purpose of constructing, operating and maintaining a recreational trail.


An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.


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FAQ

Wetland or stream mitigation banks offer mitigation credits to offset ecological losses that occur in wetlands and streams. These are regulated and approved by the U.S. Army Corps of Engineers (USACE) and the U.S. Environmental Protection Agency (USEPA).

So it's not for everyone, regardless of financial upside. You need to have a minimum of 800 acres for it to be financially feasible, along with location within the same watershed (roughly a 100-mile radius) as the projects requiring mitigation credits.

The landowner retains four basic rights under a wetland easement: The right to sell the property and pay taxes. The easement deed runs with the land and transfers with the property should a new owner purchase the property with an easement. The right to private access; no public access is required.

MitigationSLERC.Wetlands.UMAM.Mitigation.Mitigation Banking Ledgers (FDEP)Stormwater.Deadhead Logging.Stormwater TAC.More items...?

Wetland Mitigation Bank A property containing at least 25 acres of improved or created wetland. Improvements include enhancing vegetation and restoring hydrology.

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A perpetual conservation easement will be established over the entire credited area, permanently protecting the wetland bank from any future. A permanent easement is placed on the enrolled acreage and any activities necessary to restore the wetland must be completed.Needed so that the mitigation bank will be completed and maintained as approved.

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Perpetual Easement For A Wetland Bank