Easement Agreements

Off-Site Easements

The off-site easements shall be shown on the plans and record plat of the new road/subdivision with the respective recordation information.

All Off-Site Easements (grading, storm drainage, sight distance, etc.) right-of-entry and/or letters of permission must be obtained by the developer prior to issuance of Public Works Agreements or Grading Permits. All Copies of the standard legal documents may be obtained at the Department of Public Works. Public Works Agreement requirements must be satisfied with sufficient lead time for the Department to schedule on the agenda for execution by the Commissioners of St. Mary's County. All Off-Site Easements must also be obtained by the developer prior to road plan approval by this Department. Any associated grading within the easement area(s) will be reflected on the plans at this time. If the easement(s) is necessary to complete any work associated with the Public Works Agreement, a more formal easement agreement must be executed and reviewed by the County Attorney. All On-Site Easements (temporary and permanent) must be properly shown on the plans/plats and include delineation of areas needed for sediment and erosion control measures.

The associated easement agreements and/or plats must then be recorded by the developer prior to bonding of the improvements and the recording information included on the subdivision plat prior to DPW&T's approval of same. For site plans, a copy of the recorded agreement/easement is required prior to release of a grading permit. Where easements cannot be obtained/acquired, documentation of "good faith" negotiations must be submitted.

Federal Aviation Administration

A Federal Aviation Administration Form 7460 "Notice Of Proposed Construction Or Alteration" is required for any construction more than 200 feet in height and may be required for structures within a four (4) mile radius that exceed the imaginary 100:1 surface. The resulting review by the FAA ensures that any obstructions/penetrations effecting the navigable airspace surrounding airports are identified and properly treated (i.e. lighted). The information supplied on the form must be submitted to the Eastern Region Office in Jamaica, New York for evaluation.