11/28/2001 Env Bd Packet - Laserfiche WebLink

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RICE CREEK WATERSHED DISTRICT EASEMENT ACQUISITION POLICY There are several reasons why the District obtains drainage and ponding easements. The primary reason is to preserve the floodplain storage and drainage routes of the District. A second, but no less important, reason is to serve as a notice to present any future property owners that the areas within the drainage easements will at some time be inundated by water. Placement of fill or construction of any permanent structures within the drainage easement is not allowed. The nonexclusive nature of the easement does allow for acceptable uses by the landowner within the easement such as grazing or mowing. Lesser conveyance systems which serve to conduct or store runoff from upstream properties will also required easement establishment. The District will obtain nonexclusive drainage and ponding easements over all required stormwater detention facilities, conveyance structures, 100 -year floodplain, 100 -year pond levels, judicial and county ditches, wetlands, significant "natural" drainageways, maintenance paths, and emergency overflow routes. The trunk drainage system will require a minimum width of 100 feet from the centerline. Easements will be obtained along county and judicial ditches for a width of at least 50 feet from the centerline. Major drainageways having tributary areas greater than 200 acres shall require a minimum easement width of 25 feet from centerline. Drainage easements are obtained primarily through the permitting process under the following development conditions: 1. For any subdivision or "minor subdivision" which is greater than 5 acres single - family residential, or 2.5 acres commercial, multi - family, or industrial property. 2. Any subdivision regardless of size which occurs within 1,000 feet of public water or protected wetland; or within 300 feet of Rice Creek, a major drainage tributary of the District, or an officially established county or judicial ditch. 3. Easements are also required in instances where property subdivision is not occurring. These are obtained when development (or property improvement) is occurring on a parcel (previously subdivided or as -yet unplatted) which contains any of the water resource features described within paragraph 2 of this policy. A drainage easement is ordinarily conveyed to the appropriate township or municipality except in the case of judicial and county ditches where the easement is conveyed to RCWD as the ditch authority. Ditch easements provide for maintenance access as well as drainage and ponding capacity. In instances where easements will not be accepted by a municipality, the RCWD will accept the easement provided a perpetual maintenance agreement is provided by the applicant in a form acceptable to the District's Attorney. 10 (c