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Florida is a state with an environment like no other.
Surrounded by water on three sides, Florida is dotted with marshes, rivers,
lakes and sparkling springs
Shining like jewels when seen from the air, these unique natural communities
team with wildlife.
These special qualities attract visitors and new residents to our state every day.
As Florida's population increases, so does its development throughout the
state.
This increased development puts increased demands on our natural
resources
and has made it necessary to preserve areas to protect
Florida's water resources.
Wetlands are among those water resources.
A wetland is an area that is saturated or soaked by ground surface water frequently
or for prolonged periods of time.
Wetlands serve many beneficial purposes including filtering pollutants from
water, storing flood waters, and providing natural habitat for fish and wildlife.
Most land development, including residential subdivisions, require permits
from the St. Johns River Water Management District to ensure that these
projects will not cause flooding,
degrade state waters, or adversely affect wetlands or other surface waters.
To address flooding and water quality,
permitted projects usually include stormwater
ponds that hold and treat water before it enters streams,
lakes or rivers;
to protect wetlands;
or to mitigate or offset impacts
from permitted construction projects.
The wetlands that remain on the permitted site,
along with natural areas bordering them,
are usually placed in a conservation easement.
Often these easements are on future home lots.
Mitigation frequently involves the developer or property owner preserving
property
by granting a conservation easement to a regulatory agency or other conservation
organization.
In this video,
we will be looking at conservation easements granted to
or purchased by the St. Johns River Water Management District.
What is a conservation easement?
A conservation easement is a voluntary transfer of property rights,
wherein an owner agrees to restrict the activities that may take place on
his or her property.
The easement transfers specific
property or proprietary rights to a third party.
To understand the concept of conservation easements,
think of owning land
as a bundle of rights.
A landowner may sell or give away the whole bundle
or just one or two of those rights.
These may include, for example, waiving the right to construct buildings or
other structures;
to dump soil,
trash, waste or other harmful materials;
to excavate,
dredge, or remove soil or peat or otherwise affect the surface;
or to remove,
destroy, or trim
Conservation easements protect and preserve open spaces, groundwater recharge areas, environmentally
sensitive lands, wildlife habitat, and historical
features.
The owner and the prospective easement holder identify the rights and
restrictions on uses that are necessary to protect the property;
in short, what can and cannot be done on the property.
The specific rights a property owner gives up when granting a conservation
easement
are spelled out in the easement document.
This legal document is then recorded in the public records of the county in
which the property is located to provide notice to the public and prospective
buyers that the conservation easement exists.
These restrictions on the use of the property
are conveyed with the title to the land
and are thus transferred along as the property is bought and sold.
When granted as part of a District-approved
mitigation plan,
the conservation easement must be granted to the District
forever—known as in perpetuity.
What are the benefits of having a conservation easement?
When conservation easements are used to offset or mitigate the functions of
certain habitats, like wetlands
they are part of the larger picture of land preservation and water resource
protection
Through the use of conservation easements, the landowner and state
agencies, such as the District,
our helping to ensure
that Florida's wildlife will always have suitable homes
and the current and future generations of residents and visitors
have an opportunity to enjoy a healthy environment.
In addition to their environmental value,
conservation easements may provide some economic benefits to the adjacent
landowners.
In fact, studies suggest that properties located in close proximity to preserved
lands
retain their value better than properties that are not located near
preserved lands.
It is important to remember
that conservation easements must be properly managed in order to provide
maximum benefits for people and wildlife.
Now, let's address some common questions concerning conservation easements, asked
by homeowners.
“How do I know if I have a conservation easement on my property?”
Any conservation easements that were recorded in public records prior to the
purchase of your property will be included in the title search that was
done on your property.
Because the easement is recorded in public records, the public—including
landowners-are put on notice that the easement exists.
“I have a conservation easement on my property,
but I don't know where it ends.
How can I determine where the conservation easement is on my property?”
The conservation easement document or the recorded plat for your
subdivision
should contain a legal description and sketch showing the location and
dimensions of the preserved area on your property.
While the boundary of conservation easements may be permanently marked
with survey posts or stakes, as with any property boundary,
only a survey by certified land surveyor can accurately delineate the
boundary of a conservation easement.
“Why doesn't the District manage these conservation areas?”
The St. John's River Water Management District is not the landowner
and is not responsible for maintaining the conservation easement; however, the
District does monitor conservation areas to ensure they are being maintained
according to the provisions of the permit and recorded conservation
easement documents.
If you see any activity that may be a violation of the provisions of a District
permit
or an activity harmful to the easement lands,
please contact the District.
“Who is responsible for protecting the natural resources in the conservation easement area?”
Typically, protection of conservation easement areas is the responsibility of
the title holder
or of whoever performs their maintenance.
As such,
it is recommended that you first contact your homeowners association
to determine who is responsible for the maintenance according to the permit that
includes this conservation easement.
You should then contact the responsible party regarding management activities
within the easement.
As the person living closest to the easement area,
you can help ensure the area remains healthy by notifying the partly
responsible for the easement’s maintenance or your homeowners
association of any conditions and activities that
could be harmful.
Examples of harmful conditions and activities
include such things
as mowing,
dumping yard wastes into the easement area,
removing vegetation,
nonnative or exotic plants growing in the area,
placing soil or other materials in the area,
removing soil or other materials from the area,
and constructing fences in the area.
“The conservation easement behind my house is overgrown and looks messy.
May I trim the weeds in the easement
so it looks better?”
To be certain,
you would need to review the specific
easement document;
However, conservation easements usually prohibit the destruction,
clearing,
or trimming of any vegetation within the easement area.
An exception to this is the removal of exotic or nuisance plants as part of a
site-specific management plan.
You should contact the District to determine if the conservation area has
plants classified as exotics.
“What if someone other than the water management district told me that I could mow the
conservation area?”
Don't go by what others tell you.
You need to review the recorded legal document that spells out exactly what
you can and cannot do with your specific conservation east.
“The conservation easement behind my house has dead trees in it.
May I remove dead vegetation from the conservation easement?”
As with removing live vegetation,
the answer is “No.”
Dead trees and other vegetation provide invaluable habitat for a
diversity of wildlife species.
Also, removal of a dead tree could remove some of the easement’s natural functions
that were providing environmental protection.
However if a dead of damaged tree poses a hazard to a residence,
the District may give permission to remove the tree or to minimize the hazard in
other Ways.
“The back portion of my property
has a conservation easement.
Am I allowed to construct a trail through the easement?”
While you typically may walk through the easement
and, in time, regularly used trails may become established,
the construction of trails that requires adding or removing soil, rock,
mulch, or other materials or removing vegetation
is prohibited.
“I live on a lake.
Can I build a dock
or a peer
to the conservation easement area to get to my boat?”
Construction of boardwalks or peers is allowed only if the easement’s
legal records specifically state
that the right to do so has been retained by
the rightful landowner.
“If there is a conservation easement on my property, are other people allowed on the property?”
Typically, conservation easement do not grant the right of public access.
“It's my property.
What would happen if I build something on the conservation easement
or damage it in some way?”
The district realizes that the majority of homeowners understand how important
conservation easements are for protecting Florida's natural environment
and are willing to work together,
to resolve problems from unauthorized activities.
However, because certain property rights to a conservation easement are given to the
District,
the District may take all necessary means to protect the conservation
easement area
and the natural resources found there.
The district can go to court to obtain an order, forcing the violator to restore
the damaged property
and to obtain a fine
or penalty for damaging the property.
The natural lands protected by conservation
easements granted to government agencies are
invaluable assets to protect Florida's unique environment.
Properly cared for and managed,
these preserve areas will ensure
that areas protecting
water resources and natural habitats are maintained throughout the state.
This will allow for the economic growth needed to support the state's growing
population
while making sure Florida remains a place that people will want to visit and
live in.