The Tittabawassee River Conservation Program offers payment to qualifying land owners who have property within the eight-year floodplain and whose land will be evaluated for cleanup. The intent of the Conservation Program is to facilitate cleanup activities where required and to preserve the natural features of the river and floodplain. The same payment for participation in the program will be offered to all property owner(s) who have qualifying property. The payment for each qualifying acre in the eight-year flood plain is also the same for all properties. As part of the Conservation Program, each property owner will have the option to sign a Conservation Covenant.
FAQ & Resources
What is the Conservation Covenant?
A Conservation Covenant is a land preservation and conservation agreement that is recorded with the Register of Deeds as a permanent part of your property records. In the Conservation Covenant, the property owner agrees to keep currently unmaintained areas in a natural state, and, if the property owner chooses, to increase the amount of unmaintained conservation areas on the property. This will help preserve and promote the natural beauty of the river and the natural environment in the floodplain. The Conservation Covenant allows the owner to keep using all maintained areas as they are currently being used. The Conservation Covenant also provides access to the property for sampling, to maintain the cleanup and for periodic monitoring, if needed.
What does it mean when I sign the Covenant?
Signing the Covenant means you are confirming property ownership, you agree to the conditions set forth in the agreement, and that you will be receiving the payment that is offered separately.
Why is there a restriction for having livestock in the floodplain?
While we are not aware that there are any property owners currently raising poultry or livestock in the eight-year floodplain, the State has advised against it. This restriction in the Conservation Program is to address the State’s concern.
How long will the signed Covenant be in effect?
The Covenant will be in effect permanently and applies to all future owners.
Will Dow or EPA know if I don’t abide by the terms of the Covenant?
Yes, Dow and/or EPA will periodically monitor land use to ensure compliance.
Do I have to disclose the Conservation Covenant when I sell my property?
Yes, easements, restrictions and other property encumbrances are disclosed during a sale on the property disclosure statement. The Covenant will also automatically show up in any title search that is conducted as part of a sale transaction. The Covenant will become a permanent part of the property deed and will follow the title from owner to owner.
If I sell my property, do I have to give my payment to the next property owner?
No. Dow will pay current property owners and will not be involved in details related to future property purchases.
Will the property owner be paid for participation?
Each property owner may receive payment, depending upon their particular property:
- A base payment for participating
- A per-acre payment for every acre of property in the eight-year floodplain
How did you determine the payment package?
Dow carefully considered a number of factors when determining the appropriate financial package for this program, including floodplain land values and potential inconvenience to property owners.
When will payment be distributed?
Payment will be distributed at the time of signing and closing of all documents by both parties.
Will I have to report my payment to the IRS?
Dow will inform the Internal Revenue Service of all payments and will provide a 1099 miscellaneous income statement to participating property owners. Please consult your tax professional with questions related to tax obligations.
Are property owners required to participate in the Conservation Program?
No, the program is voluntary. Property owners should decide whether to participate based on their individual situations.
Does this only apply to people whose floodplain properties need cleanup?
No, the Conservation Program applies to all properties within the eight-year floodplain that will be evaluated for cleanup under the EPA’s cleanup program.
If I am not interested in cleanup, can I still participate in the Conservation Program?
Yes, the program is available to all property owners within the eight-year floodplain that are being evaluated under the EPA’s cleanup program, regardless of whether they decline cleanup offered by the EPA.
Can I designate a representative/family member to engage in the process on my behalf or does it have to be the homeowner?
Yes, we will work with your authorized representatives or family members, however, with very limited exceptions, the property owner him or herself must sign the Conservation Covenant and checks will only be made out to the property owner.