Permanent easements for water and wastewater facilities are for the county to install,
inspect, observe, measure, sample, repair, protect, maintain and operate any portion
of the water or wastewater facilities lying within such easement. It is essential
that access to the easement not be obstructed. Although the property owner owns the
underlying fee simple title to the land within the easement area subject to the easement
rights, all construction, digging, grubbing, clearing, filling, or other earth moving
or construction activities by the owner in the permanent easement area are prohibited
without prior permission from the department director or his or her representative.
Permanent structures shall not be permitted within the easement or easement setback
as defined in section 122-123. In addition, nonstructural improvements on easements such as walkways and landscaping
are subject to removal at the owner's risk. The county shall not be responsible for
replacing anything within the easement that must be removed to access, protect, repair,
or maintain the facilities.
(Amd. of 2-24-09)
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