North Carolina Environmental Restriction Easement

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Multi-State
Control #:
US-EAS-10
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Word; 
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Description

This is a sample form for use in transactions involving easements, an Environmental Restriction Easement. Requires a specific property to be subject to covenants, restrictions and easements as part of an order from federal court litigation.

North Carolina Environmental Restriction Easement (NC ERE), also known as a conservation easement, is a legal tool used to protect and manage ecologically sensitive lands and natural resources in the state of North Carolina. Through this voluntary agreement between a landowner and a qualified conservation organization or government entity, certain restrictions and requirements are imposed on the use and development of the property in order to preserve its environmental value. One type of NC ERE is the Agricultural Conservation Easement, which focuses on protecting farmland and promoting sustainable agricultural practices. It helps to ensure that agricultural lands remain productive, protect water quality, preserve wildlife habitats, and maintain the rural character of the state. Another variation is the Forestland Conservation Easement, which aims to conserve and sustainably manage forested lands. It can involve limiting timber harvesting, controlling invasive species, and protecting critical wildlife habitats to maintain biodiversity and promote the ecological benefits of forests. A third type is the Wetland Conservation Easement, which primarily focuses on protecting wetlands and their associated habitats. Wetlands serve as natural filters, purifying water and providing essential habitats for various species. These easements help prevent wetland destruction, preserve water quality, and safeguard the biodiversity of these unique ecosystems. In addition, North Carolina offers Coastal Area Management Act (CAME) Easements to protect properties located within the state's coastal zone. These easements aid in preserving the fragile coastal ecosystem, including dunes, salt marshes, and estuaries, while also ensuring public access to the coast. NC Eyes endure perpetually, binding not only the current landowner but also future ones. The terms and conditions of each easement are negotiated between the landowner and the conserving entity, ensuring flexibility while meeting the conservation objectives. The easement can specify restrictions on activities such as development, mineral extraction, and habitat alteration, while allowing for compatible uses like agriculture, forestry, and recreational activities. By entering into a North Carolina Environmental Restriction Easement, landowners receive various benefits. These may include potential tax advantages, reduced property tax assessments, and eligibility for state and federal conservation programs. Moreover, they contribute to the preservation of scenic landscapes, biodiversity, wildlife habitats, and water resources, thereby safeguarding North Carolina's natural heritage for future generations. Overall, North Carolina Environmental Restriction Easements play a vital role in the conservation and stewardship of the state's natural environment by partnering with landowners in the shared goal of protecting and preserving ecologically significant lands.

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Street right-of-way width shall be a minimum of 50 feet. If the adopted thoroughfare plan or the NCDOT Subdivision Roads Minimum Construction Standards mandates a greater width, the right-of-way shall be the greater width. § 155.153 PAVEMENT WIDTH. Pavement width shall be a minimum of 20 feet.

ofway is a type of easement that gives one person the legal right to cross the property of another to access their own property.

Right-of-way is a specific form of easement. An easement is usually given across land for a singular purpose such as for a utility line. An easement for ingress and egress (the right to travel) may be permanent but is often temporary such as in a construction access easement.

Set right of way or easements a minimum distance of 5? to 10? outside the construction limits. Generally, a typical width of 60? to 100? will be adequate.

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.

A conservation easement is a written agreement between a landowner and the State of North Carolina that protects water quality by maintaining or establishing natural vegetation in a streamside or wetland parcel or buffer.

Right-of-way. (a) When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

These types of easements include utility, aerial utility, drainage, and slope easements. While you still own the property, you are no longer allowed to use it in any way that would interfere with the easements.

Who is responsible for maintaining an easement in NC? If there is an easement on your land, you're generally responsible for maintaining the area.

What is the State's minimum right-of-way width? The NCDOT requires 45 feet for local subdivision roads. Collector roads require 50 feet; five lane highways require 80 feet and cul-de-sacs must have a 50 foot right of way radius.

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A landowner should contact the Register of Deeds office in their County to obtain a copy of the conservation easement documentation. In addition, DEQ can ... S.”), which provides for the enforceability of restrictions, easements, covenants, and conditions “appropriate to retaining land or water areas predominantly in ...The State is required by N.C. General Statutes to acquire a conservation easement on all sites qualifying for an EEP project to permanently protect the site. A copy of the Forest Management Plan shall be kept on file in the office of the local Soil and Water. Conservation District. C. Warranty as to Environmental ... Jan 28, 2019 — The easement is a recorded deed restriction that runs with the land title. The grantor maintains the property according to the conservation ... Is my property eligible to be placed under a conservation easement through the ADFP Trust Fund's program? The property must be privately-owned, located within ... Usually a permanent restriction, it is written in deed form and is filed with the county register of deeds, thereafter running with the title to the land and ... Feb 1, 2010 — But if the deed says the property was conveyed “subject to easements, covenants, and restrictions of record,” what recourse does the current ... THIS DEED OF CONSERVATION EASEMENT (the “Agreement”) is made this. _____ day of. , 20__, by. and. , husband and wife, each a resident of ______ County, ... ... the North Carolina Department of Transportation, hereafter referred to as the Department. ... easement at its discretion. After the thirty (30) day notification.

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North Carolina Environmental Restriction Easement