Flowage Easement

Flowage easement land is privately owned land on which the United States government has acquired certain perpetual rights, including the right to flood it in connection with the operation of Lake O' the Pines; the right to prohibit construction or maintenance of any structure for human habitation; the right to approve all other structures constructed on flowage easement land, except wire fencing. The flowage easements at Lake O' the Pines are generally located between the Government boundary line and a metes-and-bounds description surrounding a contour established at 265 feet above mean sea level. A complete description of the flowage easement can be found in the deed to the property to which it is attached. 

As an Owner of Flowage Easement Land, You May:

1.      Mow, clear, plant vegetation, or otherwise use as desired if not in conflict with the terms of rights acquired by the government.

2.      Sell or lease the land to others, subject to all restrictions contained in the flowage easement instrument.

3.      Construct a wire fence to or along the Government boundary line.

As an Owner of Flowage Easement Land, You May Not:

1.      Construct or maintain any structure for human habitation, permanent or temporary, on the flowage easement land.

2.      Place or construct any other structure 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 kind of structure including but not limited to buildings, ramps, ditches, channels, dams, dikes, wells, earthen tanks, ponds, roads, utility lines, and tramways.

With approval, almost any type of structure that does not reduce flood storage capacity or is not designed or intended to be used for human habitation may be constructed on the 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 construction must be approved by the appropriate health departments and all septic systems must be located a minimum of 75 feet in horizontal distance from the contour line of 258.6 feet above mean sea level.

Permit Applications

All requests involving public or flowage easement lands must include the following:

1.      A letter of application.

2.      A description of the structure or activity requested and a description of the intended use of the structure.

3.      Detailed design plans of the proposed work including elevations at the proposed site.

4.      A map showing the location of the proposed action and the relationship with the U.S. boundary line.

5.      Written approval of the appropriate agencies.

If you need further information about flowage easement property, contact the project office or read “Requirements for Submitting Requests to Construct on Land Encumbered with Flowage Easement.”

We are engaged in preserving, maintaining and improving the resources at Lake O' the Pines, both natural and developed. Your participation and assistance in these efforts is very much appreciated.

 

 

This site last updated on April 18, 2007