1. BOR 4.3.8 Real Property Conveyances and Restrictions Anita Bain, Director Natural Resource Management Division August 18, 2006 Anita Bain, Director Natural Resource Management Division August 18, 2006

2. Background 1995 - Standardized conservation easement forms developed at the request of the regulated community Standardized forms save review time – no individual review required by District’s Office of Counsel August 9, 2006 – District Governing Board approved the initiation of rulemaking to incorporate conservation easements, restrictive covenant forms and conservation language for plats into the District’s rules All forms meet Chapter 704.06 Florida Statutes Revisions to forms allowed in the proposed rule – limited to site specific issues not otherwise addressed in the standard form 1995 - Standardized conservation easement forms developed at the request of the regulated community Standardized forms save review time – no individual review required by District’s Office of Counsel August 9, 2006 – District Governing Board approved the initiation of rulemaking to incorporate conservation easements, restrictive covenant forms and conservation language for plats into the District’s rules All forms meet Chapter 704.06 Florida Statutes Revisions to forms allowed in the proposed rule – limited to site specific issues not otherwise addressed in the standard form

3. Purposes of Real Property Land Use Restrictions in ERP Permitting Applicant is preserving wetland/uplands, providing mitigation for proposed impacts or ensuring that no potential secondary impacts will occur Conservation easements, plat restrictions and deed restrictions provide reasonable assurance that: Designated areas will not be subject to future impacts Proposed mitigation areas will be legally protected Future potential purchasers will be notified of the use restrictions in these areas Applicant is preserving wetland/uplands, providing mitigation for proposed impacts or ensuring that no potential secondary impacts will occur Conservation easements, plat restrictions and deed restrictions provide reasonable assurance that: Designated areas will not be subject to future impacts Proposed mitigation areas will be legally protected Future potential purchasers will be notified of the use restrictions in these areas

4. Types of Easements Standard Form Passive Recreation Riparian Third Party Enforcement Standard Form Passive Recreation Riparian Third Party Enforcement

5. Written Comments should be directed to: Jan Sluth jsluth@sfwmd.govjsluth@sfwmd.gov Written Comments should be directed to: Jan Sluth jsluth@sfwmd.govjsluth@sfwmd.gov