North Dakota Flowage Easement

State:
Multi-State
Control #:
US-OG-1009
Format:
Word; 
Rich Text
Instant download

Description

This is a short form for a flowage easement.

North Dakota Flo wage Easement is a legal agreement that grants the government or a private party the right to temporarily flood a designated area of land in order to control and manage water levels. This easement is specifically designed to allow the construction and maintenance of dams, reservoirs, and other flood control structures to ensure the efficient flow of water and prevent potential damages caused by floods. A North Dakota Flo wage Easement is typically established to protect the overall safety and well-being of the surrounding communities, as well as to manage and conserve water resources effectively. It serves as a means to control the water levels in lakes, rivers, and streams, which can impact agricultural activities, wildlife habitats, and recreational purposes. There are various types of North Dakota Flo wage Easements, each with its own purpose and characteristics. Some common types include: 1. Permanent Flo wage Easements: These easements grant a permanent right to flood and maintain a constant water level on the designated land. They are typically established for large-scale water management projects, such as constructing reservoirs or hydroelectric power plants. 2. Temporary Flo wage Easements: These easements permit the temporary flooding of specific areas for a fixed duration. They are often utilized for shorter-term projects such as dam construction, dredging, or channel maintenance. 3. Limited Flo wage Easements: These easements are granted for a specific purpose and have limitations on the extent and duration of the flooding. They are commonly used in situations where controlled flooding is necessary, such as managing drainage systems or mitigating flood risks in low-lying areas. 4. Recreational Flo wage Easements: These easements are established to promote recreational activities such as boating, fishing, and wildlife habitat conservation. They allow for periodic flooding of selected areas to enhance the natural ecosystem and provide recreational opportunities for the public. When establishing a North Dakota Flo wage Easement, it is crucial to consider the specific requirements and regulations imposed by state and federal authorities. It often involves negotiations between landowners and the party seeking the easement, with compensation and terms of use being key considerations.

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FAQ

Often easements are in writing. Utility easements and cable easements are types of easements that attach to a property and are often 15 to 20 feet wide and allow the utility companies to use your property for a particular use.

Floodplain easements are a land-management strategy that compensates landowners for permanently conserving flood-prone land. Floodplain easements provide multiple benefits, including storage of floodwater on the land, wildlife habitat, improved water quality and more.

Flowage easements are located on private property, however property owners are restricted from building any structures on the flowage easement without prior written approval from the USACE. Property owners are allowed to remove/change any vegetation within a flowage easement.

An easement grants certain people or entities a legal right to use someone else's land for a specific purpose. For example, a drainage easement allows outside entities access to a portion of someone's property to access drainage infrastructure or make repairs to prevent flooding.

Drainage § 298.66. Obstruction of public drainage canals, etc., prohibited; damages; penalties. (1) A person may not willfully, or otherwise, obstruct any public canal, drain, ditch or watercourse or damage or destroy any public drainage works constructed in or maintained by any district.

An easement is a legal right affecting land which will allow us to guarantee our future rights to inspect, maintain, repair, renew or replace sewers within private land. The easement will further place restrictions on what can be done within the easement strip in order to protect the sewer.

It's the government's duty to ensure drainage easement areas are properly maintained. However, they'll direct most of the maintenance responsibilities to the property owner. The easement holder will take charge of any construction and repair work needed in the area.

Driveway ? Rights and Obligations to Repair The short answer is ? the owner of the easement is responsible for maintaining the easement.

More info

NOTE: Paragraphs for Easements in ND outside of Zone 1: ... The parties agree any litigation arising out of this Agreement will be venued in State District Court ... Jun 2, 2014 — If a property falls under a flowage easement, the land owner must obtain ... the Corps prior to excavation, fill or construction on those lands.Flowage easements will be customized to each specific property and will be recorded. Understand more about the agreements using the sample documents below. The flowage easements must be filed for record in the office of the recorder ... days, the person filing the complaint may file the complaint with the state. Oct 27, 2020 — POLICY STATEMENT. This policy clarifies the State Engineer's philosophy regarding water management regulation in North Dakota, as specified ... City of Fargo, North Dakota; and the Cass County Joint Water Resource ... and method of excavation and/or placement of fill and verification that the fill will ... The flowage easements must be filed for record in the office of the recorder of the county or counties in which the lands are situated. An owner of land ... The flowage easements must be filed for record in the office of the recorder ... decides to return the matter to the board, a complete copy of the investigation ... Flowage Easements will be purchased and applied to the properties in the upstream re[ention area. The value of each flowage easement will be de[ermined through ... Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, ... Agreement shall be decided according to the substantive ...

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North Dakota Flowage Easement