Real Estate Services Department
Occupation of County Easement
Under what conditions does the County consider the granting of an Occupation of a County Easement?
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Utility and Drainage Easements
The County will consider occupation of side and rear utility and drainage easements for encroachments resulting from new construction or new additions to existing improvements on an individual basis. Occupations may be granted for fencing, walkways, and air conditioner pads. Occupations will not be granted for portions of buildings, block walls, or roof overhangs.
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Canal Maintenance Easements
Depending upon the depth of the existing easement specific construction proposed, applications for occupation of portions of canal maintenance easements may be granted. In general, permitted construction includes walkways, decks, pools and cages, other fences, boat docks and davits, but not enclosed buildings. Applications will be reviewed on an individual basis.
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Utility and Drainage Easements and Canal Maintenance Easements
The County will consider approving the occupation of side utility and drainage easements and canal maintenance easements for existing encroachments. Each application will be reviewed on an individual basis. Occupations will not be granted for portions of buildings, block walls, or roof overhangs.
To avoid possible problems can I have my plans reviewed before submitting a formal application?
If you are considering new construction or an addition to existing improvements which will encroach into side or rear utility and drainage easements or canal maintenance easements you are encouraged to contact Real Estate Services for a brief, preliminary review of your plans. Upon review, we will inform you if your application is similar to previous applications which have been approved with the explicit understanding that no approval is expressed or implied by the preliminary review.
What plans and documentation are required for an Occupation of a County Easement andPreliminary Review of Plans – New Construction ?
- Current Property Owner
- A completed application signed by all property owners.
- Contracted Purchaser of the Real Estate
- A completed application signed by all contracted purchasers of the real estate
- A notarized affidavit that a bona-fide contract for the sale and purchase of the real estate has been executed between the current owner of the property (seller) and the applicant (the buyer)
- A copy of the deed indicating the applicant as the owner of the real estate. (To be delivered to Real Estate Services immediately after closing.)
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An Agreement and Consent to Encroach on County Easement Form
Note: Once we have received your completed application, the Boundary Survey, and the Site Plan we will provide you with a formal An Agreement and Consent to Encroach on County Easement for your review and signature. Your application for occupation cannot be finalized until we are in receipt of the signed and notarized An Agreement and Consent to Encroach on County Easement.
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An Original Signed/Sealed (raised) Boundary Survey
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An Original Site Plan
What is the review and approval process for an Occupation of Easement?
Upon receipt of the properly completed application, the application fee and all required documentation and plans, Real Estate Services prepares an informational package reviewed by various County Departments and all utility companies with an interest in the affected easement area. If no objections are raised during the review process, Real Estate Services prepares a synopsis of the key elements of your request and submits it and the signed agreement to the Director of Public Works for review and approval. If any objections are raised during the review process, you will be notified of those objections and given an opportunity to discuss the objections with the appropriate department or utility company. When the agreement is approved and signed by the Director of Pubic Works, it is recorded with the Charlotte County Clerk of the Circuit Court. A copy of the signed agreement will be sent to you for your records.
