Flowage Easement Land
Perpetual flowage easement estates were acquired by the Federal Government on certain private lands that adjoin public land in the Grapevine Lake area. These flowage easements grant to the government full, complete, and perpetual right, power, privilege, and easement to occasionally overflow, flood, and submerge lands in connection with the operation and maintenance of the lake. Flowage easement lands around Grapevine Lake are generally defined as those private lands located below the elevation contour of 572 feet above mean sea level. However, a review of the deed that created the flowage easement would be necessary to determine its exact location. With few exceptions, these flowage easements grant the Federal government the right to prevent human habitation on the flowage easement and to prevent any activity that would limit the government’s ability to periodically store flood water on the land.
In some instances, the reference to a flowage easement restriction is omitted during the preparation of new deeds during changes in property ownership. This omission does not diminish the legality or validity of flowage easement restrictions over the property involved.
There are areas that may vary, be sure to check your deed.
The Owner of Flowage Easement Land, at his discretion, may:
- Mow, clear, plant vegetation, or otherwise use as desired if not in conflict with the terms of rights acquired by the Government.
- Sell or lease the land to others, subject to all restrictions contained in the flowage easement lands.
- Request in writing for permission to build any structure other than a structure designed or intended to be used for human habitation on the flowage easement land.
Activities which are prohibited on Flowage Easement lands:
Constructing or maintaining any structure for human habitation or buildings for commercial purposes, permanent or temporary.
Placing fill material within the easement, raising the land above the flowage easement contour, or altering the location of the flowage easement contour.
Placing or constructing any other structures or appurtenances to existing structures on the flowage easement land without prior written approval of the District Engineer. “Other Structures” are construed to mean any structure of any kind including but not limited to fill material, buildings, ramps, ditches, channels, dams, dikes, wells, earthen tanks, roads, utility lines, and tramways.
Activities on Flowage Easement lands which may be permitted with written permission:
With written approval, most structures, other than a building or structure designed or intended to be used for human habitation or commercial purposes, structures that cause a loss of flood storage capacity or structures designed to store petroleum or hazardous products, can be constructed on flowage easement land.
With respect to construction of water wells, sewer lines, or septic systems, each case will be examined to ensure that pollution of the lake or interference with the operation of the reservoir will not occur. All proposed sewer line and septic system installations must have prior approval of city, county or state health departments. State law requires that septic system installations must be located a minimum of 75 feet in horizontal distance up slope from the 50 year flood contour line of 560 feet above mean sea level.
All requests for construction or placement of any structure or facility on Government land or flowage easement lands must include the following:
1. A letter of application which includes the type of request, the applicant’s name, address, and phone number(s), the sub-division, lot, and section (if applicable), and the nearest monument number (if possible).
2. Detailed design plans of the proposed work.
3. A map showing the location of the proposed action and the relationship with the U.S. boundary line and flowage easement contour if applicable.
4. Written approval from the appropriate agencies.
Please address all permit applications or other correspondence to:
GRAPEVINE LAKE SITE MANAGER
GRAPEVINE LAKE PROJECT OFFICE
110 FAIRWAY DRIVE
GRAPEVINE, TX 76051-3495
Applications cannot be processed until all this information is complete.
For information on pools in flowage easement use the following links.
CLICK HERE for guidelines on pools and decks
CLICK HERE for a sample letter
CLICK HERE for a sample pool design
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