The perpetual right, power, privilege and easement to overflow, flood and submerge the lands affected; reserving, however, to the fee owner of the lands all such rights and privileges as may be used and enjoyed without interfering with or abridging the rights granted in the flowage easement.
Flowage Easements may or may not be in a natural flood plain.
Flood insurance may be required for properties in flowage easement. Usually the lender determines if it is needed.
Refer to the deed for individual rights pertaining to the flowage easement. Especially, in the Muskingum Basin.
Rights were acquired at fair market value in late 1930’s and early 1940’s.
Why do we have Flowage Easements
1. Increase flood stage storage capacity
2. Reduce property damage
What can we do with land in a flowage easement?
- Recreational activities: sports fields, hunting, wildlife habitat, campgrounds (transient)
- Crop Production
- Timber harvest and production
- Construction with prior approval
1. If removed can not be replaced.
2. Foot print can not be changed / increased.
3. Can not be rebuilt if greater than 50% damage
4. Upkeep and maintenance permitted