§ 1008. Guidelines for drafting conservation easements.

The following guidelines are offered for drafting conservation easements and may be required by the county board of commissioners:

a.

The easement agreement recognizes and describes in a statement of purpose the special qualities of the property subject to the easement. The easement agreement must include a map of the tract noting all significant features within the area. The easement agreement clearly identifies the owner of the property subject to the easement agreement, the holder of the easement agreement, and the responsibilities of the property owner, easement agreement holder.

b.

The easement agreement specifically and clearly identifies the boundaries of the property subject to the easement agreement, preferably by metes and bounds legal description and survey plat.

c.

The easement agreement contains restrictions as to what the owner may do with the property and specifically delineates what may not be done with the property. Limitations shall include but may not be confined to prohibitions against subdivision, earthmoving, dumping, signs, utility lines, construction, changes to existing structures, and uses made of the property.

d.

The easement agreement provides for the right of the easement holder and co-signer to inspect the property to assure observance of restrictions. It also provides for enforcement procedures.

e.

The easement agreement provides for the maintenance of property.

f.

The easement agreement contains provisions governing its amendment, including provisions that the easement agreement shall not be altered except with the express written permission of the easement holder, property owner, and any co-signers.