Environmental Easements
An environmental easement is required for remedial projects which rely upon one or more institutional and/or engineering controls. The easement runs with the land in favor of the State, subject to the provisions of ECL Article 71, Title 36, and contains the use restriction(s) and/or any prohibition(s) on the use of land in a manner inconsistent with engineering controls. The emplacement of an easement provides an effective and enforceable means of encouraging the reuse and redevelopment of a controlled property, at a level that has been determined to be safe for a specific use, while ensuring the performance of operation, maintenance, and/or monitoring requirements.
For reference, the sample easement can be downloaded from the link at the right.
More about Environmental Easements:
- Procedures for Processing Building Permit Evaluation Requests - The process for submitting a request for a building permit review to the DEC.
- Remediation Sites with Environmental Easements - Information about Remediation Sities with Environmental Easements.