Granted for the purposes of acquiring, maintaining, restoring, enhancing, and creating wetland and riparian resources that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities.
Charlotte North Carolina Conservation Easement for Habitat and Water Quality
Category:
State:
North Carolina
City:
Charlotte
Control #:
NC-EAS-1
Format:
Word;
Rich Text
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FAQ
There is a natural right of drainage that allows water that flows naturally across your land to flow downhill naturally to your neighbour's land. But you are not allowed to artificially channel water a way that will cause damage your neighbour's land. If you do, you may face a civil action.
The North Carolina Supreme Court in Pendergrast v Aiken has adopted the ?rule if reasonable use with respect to surface water drainage which allows landowners to ?make a reasonable use of their land, even though the flow of surface water is altered thereby and causes some harm to other.? This however, does not mean
Benefits Of Conservation Easements Selling a conservation easement can be a good way to get some cash out of the property. Landowners who donate conservation easements may receive tax benefits. Conservation easements can reduce the property's overall value, making the land more affordable for future farmers.
A ?syndicated conservation easement? is essentially an investment vehicle where pre-packaged conservation easements are marketed to investors with the representation that a charitable deduction will accompany the investment in excess of the amount invested.
Here are some of the best methods out there. Build a Berm. One of the most effective ways of preventing water from reaching your home is to construct a raised barrier made of soil called a berm.Install a French Drain System.Create a Catch Basin.
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.
A conservation easement is a voluntary agreement with a nonprofit land trust or government agency that allows a landowner to limit the type or amount of development on their property while retaining private ownership of the land.
Drainage Law in North Carolina is based on Common Law and court precedent. The law states that the person on the lower estate must receive and pass the water from the higher estate(s). Also, specific statutes prohibit the blockage of streams, drainageways and easements that remove water from higher elevations.
FEDERAL TAX INCENTIVES Donors of qualified conservation easements can deduct up to 50% of the conservation easement value from adjusted gross income.
So water falling as rain on your lawn is permitted to flow downhill onto your neighbour's land but roof water coming from a down pipe is not. Similarly your neighbour on the uphill side has a right to let the water flowing naturally across his land to flow onto your land.