Easement Contract Deliverables
Easement Templates
Conservation Easement Deed Templates are fillable documents drafted to serve as the base easement language. These templates outline the necessary restrictions and reserved rights included in the easement based with NCDA&CS approved language. The easement templates vary based on several factors. Find more information here.
Find Your Template
Survey Requirements and Resources
The survey forms the basis of the due diligence documentation process. It's a critical component that will be referenced and utilized in later documents. Grantees are required to follow the survey requirements and checklist both in terms of selecting an appropriate surveyor and submitting a proper survey document. Find more information here.
Survey Requirements and Guidance
Appraisal Requirements and Resources
The appraisal is a critical document that establishes the conservation easement value. Click the link below for our requirements for qualified appraisers and for appraisal documents, samples and examples of what the finished product should look like, and other helpful resources. Find more information here.
Appraisal Requirements and Guidance
Environmental Requirements and Resources
An Environmental Audit (EA) or Environmental Site Assessment (ESA) identifies potential or existing environmental liabilities. These assessments can be identified by qualified staff members following NCDA&CS guidelines or through an contract with a license environmental firm as a Phase I site assessment. Find more information here.
Environmental Requirements and Guidance
Baseline Documentation Report (BDR) Requirements and Resources
The BDR serves as a factual document providing an accurate depiction of the features of the property and their condition at the time of conservation easement recordation. Following the BDR requirements and checklist, grantees can draft their own documents. Find more information here.
Baseline Documentation Requirements and Guidance
Legal and Closing Requirements
Selecting the appropriate closing attorney is vital for the success of the easement process. Understanding the legal process can be an arduous task. The NCDA&CS closing attorney requirements are designed to help. Find more information here.
Closing Agent Requirements and GuidelinesOpen Contract Requirements for Grantees
The NCDA&CS ADFPTF conservation easement contract is a two- or three-year contract depending on USDA participation as a funding partner on a project. The first contract year is to complete the conservation easement project, including recording the conservation easement. The remaining contract year (or years) is reserved for the completion of the conservation easement project due to documented hardships. The Grantee agrees to record the conservation easement within the first year of the contract following the timeline to the right. Failure to follow the deliverable timeline is a breach of the contract, and the Grantee must repay any grant funding received from the NCDA&CS ADFPTF.
- Grantees are required to follow the due diligence deliverables timeline as seen here. All easements are expected to close within 365 days of contract award. Delays in due diligence submission must be communicated to the Farmland Preservation Specialist through an official extension request.
- To request extensions for due diligence deliverables documents, submit your request through our Formsite portal.
- All due diligence deliverables must be submitted through a designated ShareFile link provided upon project award.
Additional Considerations:
- Easement Template: The grantee will use the pre-selected easement template unless the exception category has been designated and approved by the Agency. The selection of the appropriate template is based upon partnership funding used to secure the conservation easement, the presence or absence of building envelopes and the valuation method used. The final conservation easement deed must meet with Agency approval to remain eligible for funding. Find a full list of current conservation easement templates here.
- Farmstead Building Envelopes: NCDA&CS ADFPTF allows for the creation of Farmstead Building Envelopes for residential, farm support housing, farmstead and recreational and accessory structures.
- Unless clearly delineated in the proposed conservation easement map, the landowner waives the rights of creation of no more than three residential lots pursuant to N.C.G.S. 106-744(b)(1); therefore no lots shall be created in the easement area.
- Farmstead Building Envelopes must be labeled as such and denoted by usage as follows:
- Farmstead Building Envelope: Future Residential
- Farmstead Building Envelope: Existing Residential
- Farmstead Building Envelope: Farm Support Housing
- Farmstead Building Envelope: Farmstead
- Farmstead Building Envelope: Recreational and Accessory Structures
