Flowage easement land is non-federal land on which the United States Government has acquired certain
perpetual rights, including the right to overflow, flood and submerge the land, the right to prohibit
structures for human habitation, and the right to approve all other structures proposed for construction
within the flowage easement. The definition of structure also includes excavating or filling without the
prior written consent of the U.S. Army Corps of Engineers (USACE). The land encumbered by the
easement may be based on a metes and bounds description, on an elevation or a combination of both.
A complete description of the flowage easement can be found in the deed to the property or within the
chain of title for the property.
If your land is encumbered with a flowage easement, you may:
• Mow, clear, plant vegetation (such as flowers, grass, shrubs), or otherwise use as desired if not
in conflict with the rights acquired by the government.
• Sell or lease the land to others, subject to all restrictions contained in the flowage easement.
If your land is encumbered with a flowage easement, you may not:
• Construct any structure for human habitation, permanent or temporary, within the flowage
easement.
• Place or bury propane or fuel storage tanks within the flowage easement.
• Place or construct any other structure or appurtenances to existing structures within th
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wage easement without prior written approval of USACE. “Other structures” include but are
not limited to, buildings, fences, ramps, ditches, channels, dams, dikes, wells, earthen tanks,
roads, utility lines, driveways, trees.
Subject to USACE approval, a structure that does not reduce flood storage capacity or is not designed or
intended to be used for human habitation, may be constructed within the flowage easement. With
respect to construction of water wells, sewerage lines, or septic systems, each case will be examined to
ensure that pollution of the lake or interference with the operation of the reservoir will not occur. All
proposed sewerage lines and septic systems must be approved by the appropriate local, county or state
permitting agencies. If the easement is also within a floodplain, you may be asked to demonstrate
whether there are any practicable alternatives to construction within the easement.
Please note, the Government will continue to exercise its right to occasionally overflow, flood and
submerge the property within the easement. The Government is not responsible for damages to
property which may arise from or be incident to the exercise of the consented activity and would be
held harmless from any and all such claims. Failure to obtain necessary prior approval may result in civil
penalties and removal of the encroachment at the owner’s expense.
Requests for Consent to Easement Structures
All requests involving flowage easement lands must include the following:
• A letter of request from the landowner including a complete return address and a phone
number.
