Iowa Environmental Restriction Easement (ERE) is a legal mechanism designed to protect environmentally sensitive areas and promote sustainable land use practices in the state of Iowa, United States. This easement provides landowners with a means to voluntarily conserve and manage their properties while ensuring long-term protection for ecological resources. ERE serves as a contractual agreement between landowners and a conservation agency, typically the Iowa Department of Natural Resources or a local land trust. The landowner agrees to place permanent restrictions on the use and development of their land, guaranteeing its conservation for future generations. In exchange, the landowner may receive financial compensation, tax benefits, or other incentives as specified under the program. The primary objective of Iowa Environmental Restriction Easement is to safeguard critical ecosystems, promote wildlife habitat conservation, maintain water quality, and preserve scenic landscapes. This mechanism helps prevent the fragmentation and degradation of valuable natural areas, which can occur due to urban sprawl, intensive agriculture, or industrial activities. By voluntarily participating in this program, landowners actively contribute to the preservation and enhancement of Iowa's unique environmental heritage. There are various types of Iowa Environmental Restriction Easements available to landowners, each tailored to specific conservation goals and priorities. Some of these types include: 1. Agricultural Easements: These easements focus on protecting farmlands and keeping them in active agricultural production, preventing their conversion to non-agricultural purposes. They encourage sustainable farming practices, reducing soil erosion, and promoting the preservation of productive soils. 2. Wetland Easements: These easements target wetland areas and aim to maintain or restore their hydrological functions, wildlife habitat, and water quality benefits. They prevent drainage, filling, or harmful alteration of wetlands, which are essential for flood control, groundwater recharge, and supporting diverse plant and animal species. 3. Natural Area Easements: These easements focus on the preservation of ecologically significant natural areas, such as forests, prairies, or unique habitats. They promote the conservation of native plant and animal communities, protect threatened or endangered species, and maintain the overall biodiversity of Iowa's landscapes. 4. Riparian Easements: These easements primarily focus on protecting stream, river, or lake corridors, including adjacent buffer zones. They help to maintain water quality, prevent erosion, and safeguard aquatic habitats crucial for fish spawning, wildlife movement, and recreational activities. Throughout Iowa, Environmental Restriction Easements have proven to be effective tools in preserving and managing the state's natural resources. They not only protect valuable ecosystems but also contribute to the overall quality of life for Iowa residents by ensuring clean water, abundant wildlife, and scenic landscapes for future generations.
Iowa Environmental Restriction Easement
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FAQ
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
Easements give the city and utilities the right to construct and maintain facilities, or infrastructure, in the area of land designated as an easement. They are not required to notify the property owner before they begin work in this area.
Iowa Code 318.3 prohibits physical changes to right-of-way without a permit. Unauthorized spraying is an example of a physical change. For more information, contact our office at 319-892-6400.
?Conservation easement? means an easement in, servitude upon, restriction upon the use of, or other interest in land owned by another, created for any of the purposes set forth in section 457A. 1. A conservation easement shall be transferable to any other public body authorized to acquire conservation easements.
Setting the Law Straight on Terminating Easements Abandonment. Although an easement can arise in a variety of ways, any easement can be extinguished by the easement's abandonment by the owner of the dominant estate. ... Merger. ... End of Necessity. ... Demolition. ... Recording Act. ... Abuse. ... Condemnation. ... Adverse Possession.
RIGHT OF ACCESS: Iowa law grants owners of landlocked parcels a right of way through adjacent private land if they initiate a condemnation proceeding seeking access through the ?nearest feasible route.?
An easement appurtenant is when an easement runs with one parcel of land but benefits another. The parcel that benefits is called the dominant tenement, or the dominant estate, and the other parcel on which the easement exists is called the servient tenement, or sometimes the servient estate.