The Department receives approximately 70-80 easement requests per year. Most of these requests involve utilities, such as, electric transmission/distribution lines, gas mains, potable water mains, transportation rights-of-way, or wastewater mains. The remainder are typically related to private access that serve private property (i.e. single-family home access).
While all easement requests are unique, sometimes complex, and highly variable, each request is evaluated by staff using the same processes, policies, and rules. The one main difference depends on the type of lands to be impacted. State-owned lands can generally be classified as conservation lands or non-conservation lands. Conservation lands are held to a higher standard and all easement requests across said lands, must be reviewed by the Acquisition and Restoration Council (ARC). Information about the Council and a calendar of scheduled meetings can be found here (Acquisition and Restoration Council). Absent ARC review, the process for reviewing easements is essentially the same.
In order to assist applicants with expectations and requirements for easement requests, the Bureau of Public Land Administration (BPLA) has developed a series of tables as follows:
The above tables should provide an applicant with a general idea of requirements, whether ARC review is required, and whether the Department has delegation from the Board of Trustees (BOT) to approve the easement request. Any easement request that exceeds delegation from the BOT, must be approved by the Governor and Cabinet at a regularly scheduled meeting of the BOT. A meeting calendar is available at the following website (Office of Cabinet Affairs).
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