Reserved Rights
Along with purchasing development rights, WAC acquires the right to condition certain uses or activities retained by the landowner that may occur on an eased property. These are referred to as Reserved Rights. Landowners may request to exercise a Reserved Right by contacting their Stewardship Specialist. Specific requests require approval by the Easement Committee (to ensure the proposed activity is consistent with the terms and conditions of the Deed of Conservation Easement). Easement Program Staff routinely assist landowners with Reserved Right Requests.
Below is a comprehensive list of all the Reserved Rights a landowner might utilize:
Reserved Rights for Landowners
Subdivision
Forest Harvest Plans / Commercial Forestry
Water Resources, Stream Work and Resource Protection Areas (“RPA”)
Agricultural Buildings and Improvements Greater than 5,000 Sq. Ft. outside Acceptable Development Area (“ADA”)
Creation of Farm Support Housing in ADA
Recreational Buildings and Improvements Greater than 1,000 Sq. Ft. outside ADA
Pesticide Fertilizer application in Forest Conservation Easement Area (“FCEA”)
Bluestone Mining
Septic System outside ADA
Application of Domestic Septic Effluent (etc.)
Wind Turbines, Cell Towers and Commercial Antennae outside ADA
Rights of Way
Future Acceptiable Development Area (“FADA”)
Rural Enterprises
Dumping and Storage of Waste
For more specified information please refer to WAC’s Stewardship Guidelines.
Landowners Responsibility
Landowners are required to notify WAC upon conveyance or lease of an easement encumbered property. Notification is important because it allows CE Program staff to track current property ownership and associated retained rights. WAC must ensure that a new owner of an easement encumbered property understands the terms and conditions of the Deed of Conservation Easement.
Additionally, notification of a proposed conveyance of a subdivided or existing independent tax parcel is equally important. As part of the conveyance, the landowner must distribute retained rights (such as agricultural and recreational structure square footage, new residential structures, subdivisions, and Future Development Areas) across the respective properties to be encumbered by the original grantor easement. Note: CE Program staff has developed an Allocation Tracking Form for each property that is reviewed with landowners during their Annual Monitoring Visit.
The Deed of Conservation Easement represents a legally binding contract between a landowner (Grantor) and WAC (Grantee). In signing the Deed, both parties agree to follow its terms and conditions. In the event a breach of the contract is identified by WAC, the process for resolving a violation is outlined in WAC’s Enforcement Policy. Violations are less likely to occur if a landowner is well educated about the terms and conditions of the Deed of Conservation Easement. Continued and regular monitoring and open communication between landowners and CE Program staff is the best method to avoid such incidences.
Reserved Rights
Documents and Resources
Reserved Rights |