Emergency Watershed Protection – Floodplain Easement Option (FEP)

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The Emergency Watershed Protection Program – Floodplain Easements can be used when acquiring an easement in lieu of recovery measures, and is the most economical and prudent approach to reduce flood risk.

Easements are restored to its natural condition to the extent possible. So, this is a great option for accomplishing floodplain restoration projects. Floodplain restoration goals can be accomplished by working strategically with NRCS and landowners.

Only acquisition of permanent floodplain easements is authorized.

Land Types Eligible:

1. Ag land or open land.
2. Lands primarily used for residential housing

Land must have been damaged by flooding at least once during the previous calendar year or subject to flood damage at least twice within the previous 10 years.

Other lands within the floodplain may be eligible if they contribute to the restoration of the floodwater storage and flow, offer erosion control or improve practical management. Lands that would be inundated or adversely impacted as a result of a dam breach are also eligible.

Structures within the floodplain easement must be demolished and removed, or relocated outside the affected floodplain area.

NRCS then has authority to restore floodplain functions and values. Ownership of the land is retained by original landowner. Compensation for rights purchased by the NRCS are the lowest of three values:

1. Fair market value of the land
2. The geographic area rate cap
3. A voluntary written offer by the landowner

After the sale, landowners retain the right to ownership and conveyance, to quiet enjoyment, to control access, to undeveloped recreational use (hunting, fishing, etc.), and to mineral rights as long as the surface is not disturbed.

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