New Hampshire Environmental Restriction Easement

State:
Multi-State
Control #:
US-EAS-10
Format:
Word; 
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Description

This is a sample form for use in transactions involving easements, an Environmental Restriction Easement. Requires a specific property to be subject to covenants, restrictions and easements as part of an order from federal court litigation.
New Hampshire Environmental Restriction Easement is a legal mechanism used to protect and preserve the environment and natural resources in New Hampshire. It involves placing restrictions on how a property can be used or developed in order to prevent any harm or degradation to the state's ecosystems, wildlife habitats, water quality, and other environmental factors. These easements are commonly put in place to safeguard important lands such as forests, wetlands, farmlands, and coastal areas. They are voluntary agreements entered into between property owners and conservation organizations, state agencies, or municipalities. The primary purpose is to balance the need for development with the critical need for environmental preservation. There are several types of New Hampshire Environmental Restriction Easements, each addressing different environmental concerns and objectives: 1. Conservation Easements: These easements help protect ecologically significant lands, including forests, wetlands, and wildlife habitats. They often aim to maintain biodiversity, prevent fragmentation, and ensure the sustainable use of the land. 2. Agricultural Easements: These easements focus on preserving valuable farmlands and agricultural resources, ensuring their continued use for farming activities. They may include restrictions on non-agricultural development or conversion of the land to other uses. 3. Wetland Easements: Wetland easements are designed to protect and preserve wetland areas, which are valuable for flood control, water purification, wildlife habitat, and other ecological functions. These easements restrict any activities that may adversely impact wetland ecosystems. 4. Scenic Easements: Scenic easements seek to conserve and enhance the visual aspects of a landscape, such as significant views, historic sites, or cultural landmarks. They often limit development, signage, or any alterations that may detract from the scenic beauty. 5. Water Quality Easements: Water quality easements focus on protecting and improving the quality of rivers, lakes, and streams. They typically involve restrictions on activities that could lead to water pollution, such as fencing livestock out of water bodies or implementing the best management practices for agriculture. By implementing these different types of easements, New Hampshire aims to mitigate the potential environmental impacts of development while fostering sustainable land use practices. It allows property owners to contribute to the long-term conservation of the state's natural heritage while still retaining ownership and certain property rights.

New Hampshire Environmental Restriction Easement is a legal mechanism used to protect and preserve the environment and natural resources in New Hampshire. It involves placing restrictions on how a property can be used or developed in order to prevent any harm or degradation to the state's ecosystems, wildlife habitats, water quality, and other environmental factors. These easements are commonly put in place to safeguard important lands such as forests, wetlands, farmlands, and coastal areas. They are voluntary agreements entered into between property owners and conservation organizations, state agencies, or municipalities. The primary purpose is to balance the need for development with the critical need for environmental preservation. There are several types of New Hampshire Environmental Restriction Easements, each addressing different environmental concerns and objectives: 1. Conservation Easements: These easements help protect ecologically significant lands, including forests, wetlands, and wildlife habitats. They often aim to maintain biodiversity, prevent fragmentation, and ensure the sustainable use of the land. 2. Agricultural Easements: These easements focus on preserving valuable farmlands and agricultural resources, ensuring their continued use for farming activities. They may include restrictions on non-agricultural development or conversion of the land to other uses. 3. Wetland Easements: Wetland easements are designed to protect and preserve wetland areas, which are valuable for flood control, water purification, wildlife habitat, and other ecological functions. These easements restrict any activities that may adversely impact wetland ecosystems. 4. Scenic Easements: Scenic easements seek to conserve and enhance the visual aspects of a landscape, such as significant views, historic sites, or cultural landmarks. They often limit development, signage, or any alterations that may detract from the scenic beauty. 5. Water Quality Easements: Water quality easements focus on protecting and improving the quality of rivers, lakes, and streams. They typically involve restrictions on activities that could lead to water pollution, such as fencing livestock out of water bodies or implementing the best management practices for agriculture. By implementing these different types of easements, New Hampshire aims to mitigate the potential environmental impacts of development while fostering sustainable land use practices. It allows property owners to contribute to the long-term conservation of the state's natural heritage while still retaining ownership and certain property rights.

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FAQ

A conservation easement is a voluntary, legal agreement that permanently limits uses of the land in order to protect its conservation values. Also known as a conservation restriction or conservation agreement, a conservation easement is one option to protect a property for future generations.

Conservation easements generally prohibit subdivision and development, commercial and industrial activities, except agriculture and forestry, mining and excavating, filling or disturbance of wetlands, and disposal of man-made waste or hazardous materials.

An easement appurtenant is when an easement runs with one parcel of land but benefits another. The parcel that benefits is called the dominant tenement, or the dominant estate, and the other parcel on which the easement exists is called the servient tenement, or sometimes the servient estate.

Common easements Utility easement: A utility company may access a property for things such as power or water lines. Prescriptive easement: Use of a property is granted for a defined period of time. Public easement: Access to a property is granted for public use.

On newer roads and properties, especially on roads in a subdivision, the property owner's deed only goes to the edge of the right-of-way, and the land for the right-of-way is deeded to the town.

An easement is the legal right to use the land owned by someone else. A common easement is an area people are allowed to cross over to reach a destination. If you have an easement on your property, you may need to allow another person to use it to reach another property or piece of land.

Generally, the dominant tenant has the right and duty to maintain the easement so that it can used for the purpose for which it was granted. The owner of the easement may not increase the burden on the servient estate or unreasonably interfere with the rights of its owner.

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To conserve and protect in perpetuity the natural vegetation, soils, hydrology and habitat as documented in the baseline documentation report dated [report date] ... Mar 13, 2022 — Annual Easement Monitoring: The Easement Holder will complete annual visits to the property, walking boundaries and visiting any key designated ...An owner of land may request a discretionary easement by filing form PA-36, Discretionary. Easement Application, with the governing body on or before April 15 ... How long does it take to complete an easement? From start to finish, a typical easement takes at least three months and often much longer to complete. Are ... Section Env-Wq 1504.07 - Deed Restrictions; Easements (a) The applicant shall submit the following with the application: (1) Site plans showing the project ... A conservation easement is a legally binding agreement between a landowner (the Grantor) and an eligible conservation organization or agency. (the Grantee) that ... This is a a step by step guide to the easement process in New Hampshire ... environmental assessments and legal services in support of conservation acquisitions. Oct 12, 2007 — Metal Farm hereby covenants and agrees that no groundwater shall be extracted from the Metal Farm Property using groundwater extraction or. If a New Hampshire municipality has accepted, or is considering the acceptance of, conservation easements it is important for town and city officials to ... Ⅰ All paperwork and documentation must be complete before. NRCS will begin processing an application. Ⅰ A WRE easement is a permanent or long term commitment ...

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New Hampshire Environmental Restriction Easement