Survey Requirements for Environmental Easements
A survey map is required as part of an Environmental Easement package. An ALTA/ACSM (American Land Title Association/American Congress on Surveying and Mapping) Land and Title Survey will satisfy the survey requirements; however, the Department will accept non-ALTA surveys provided the following minimum requirements are shown on a non-ALTA form survey:
- The survey must bear the name, address, telephone number, signature and certification of the professional land surveyor who performed the survey, his or her official seal and registration number, the date the survey was completed, the dates of all of the surveyor's revisions.
- The survey must be certified to New York State - Department of Environmental Conservation.
- The survey boundaries must be drawn to a convenient scale, with that scale clearly indicated. A graphic scale, shown in feet and meters, must be included.
- The symbols and abbreviations that are used on the survey must be identified by the use of a legend.
Diagrams must be accurately presented.
- The point of beginning of the legal description must be shown.
- The legal description must be correct.
- The legal description must state the acreage.
- If the deed(s) description differ from the measured bearings/angles/distances, both must be indicated on the survey.
- The survey must show the identifying titles of all recorded/filed maps and deeds with their appropriate recording data, filing dates and map numbers.
- The survey must show the section, block and lot/ tax map/ section numbers/letters of the surveyed premises.
- The survey must show the location of all buildings/monuments/overlaps/encroachments upon the surveyed property with their locations defined by measurement perpendicular to the nearest perimeter boundaries.
- The survey must show all observable evidence of easements and or servitudes and underground easements and or servitudes with their recording information (such as those created by roads, right-of-way, water courses, drains, telephone, telegraph, or electric lines, water sewer, gas cable lines or oil or gas pipelines, on or across the surveyed property and on adjoining properties if they appear to affect the surveyed property) or any easements of record which may, based upon their location or use, impair or otherwise limit proposed development.
- The survey must note any "blanket floating" or otherwise undefined or unlocated easements.
- The survey must depict the location of visible improvements within five feet of each side of boundary lines.
- The survey must provide a path of legal access for ingress and egress to and from the site for the Grantee, its agents, employees or other representative of the State to use to access the Site.
- The survey must show ponds, lakes, springs, rivers or a natural water boundary bordering on or running through the surveyed property; the survey must measure the location of the natural water boundary and note on the survey the date of the measurement.
- The survey must correctly depict the area(s) of wetlands; restricted use zones.
- The survey must correctly depict the environmental easement area with corresponding metes & bounds description and acreage.
- The survey should clearly state "Environmental Easement Description" with the Department Site Number next to it.
If the survey consists of more than one sheet, sheets must be numbered and the total number of sheets must be indicated on each sheet.
- The survey must depict the area affected by engineering controls with corresponding metes and bounds with acreage, measurements with description of the engineering control for example OU 1, OU 2 or Soil Management Plan Area, Sub-Slab Methane/VOC system, site cap, clean fill, concrete, demarcation layer, area not under environmental control, asphalt or building structures, footprint of future buildings (where known), etc.
- If the site will be subject to engineering and/or institutional controls, the survey must
include the following sentence: "The engineering and institutional controls for this Easement are set forth in the Site Management Plan (SMP). A copy of the SMP must be obtained by any party with an interest in the property. The SMP can be obtained from NYS Department of Environmental Conservation, Division of Environmental Remediation, Site Control Section, 625 Broadway, Albany, NY 12233 or at firstname.lastname@example.org". This reference must be located in a prominent place on the face of the survey and be in at least 15-point type.
- The record title description of the surveyed tract and any new description prepared by the surveyor must appear on the face of the survey.
Applicants should check with the County Clerk of the county in which the easement will be filed for county-specific formatting requirements for the survey. The original approved, signed and stamped survey will be filed with the environmental easement.
- In addition to county-specific requirements, submittal of the approved survey to the Department must include the following:
- A "D" sized copy (24" x 36") of the final signed, stamped map
- A 600 DPI scan of the final signed, stamped map
- An Autocad .dwg or exported .dxf file of the polyline (at a minimum) of the final survey.
Please note: This list is not exhaustive and is subject to change. Additional information may be required on a case by case basis.