What are the key provisions of the perpetual easement?
  • The Easement will specifically describe the portion of the property where the designed beach and dune system will be placed, i.e. the Easement Area.
  • The property owner retains title to the entire parcel, however, this specifically identified and described portion will be subject to the conditions of the Easement. 
  • The Easement is only for the placement of sand, dunes, vegetation and fencing on private property and specifically states that it will allow the Town, DEC, USACE and their representatives, agents contractors and assigns “to construct, preserve, patrol, operate, maintain, repair, rehabilitate, and replace a public beach, and other erosion control and storm damage reduction measures together with appurtenances thereto, including the right to deposit sand, to accomplish any alterations of the contours on said land, to construct berms and dunes, and to nourish and re-nourish periodically.” 
  • No grading, excavating or placement of any structure or material will be allowed in the Easement Area by the property owner, except for dune overwalks, which must comply with specific design criteria to maintain vertical separation of the overwalks from the dune, which will allow the dune and plantings to thrive.  The overwalk reconstruction costs will be reimbursed through the appraisal process and allow the homeowners to reconstruct these walks upon completion of the project dune and berm.
  • Pre-existing structures that are located wholly north of the landward crest of the dune (such as a dune walkway) may remain in the Easement Area.  Whether pre-existing structures that are not wholly north of the landward crest may remain will be determined on a case by case basis, via a boundary and topographic survey to be performed on each property. 
  • The Easement Area will remain private property, but will be subject to Federal regulations which require that the public be able to have access to all portions of beaches on which federal money is spent for a beach construction project.  
  • The public will have access to the beach (berm) area south of the Easement Area. Moreover, the easement area is south of the crest of the dune and subject to an existing easement in favor of the public.  See, Dolphin Lane Assocs. v. Town of Southampton, 37 N.Y.2d 292, 297 (1975) (“there is an easement in favor of the public between the high-water mark of the Atlantic Ocean and the southerly top of the sand dunes ...”). 
  • An owner of property does not assume additional liability by granting an easement to another person or entity. Any contractor entering the property during the Project will have insurance to cover any damages to the property or for any injuries resulting from the work.

Show All Answers

1. What is the FIMP project?
2. What is an engineered beach and dune system?
3. Will the geo-cubes/geo-tubes on the eastern border of Quogue be removed by USACE?
4. If sand has accreted above the dune design elevation, will the Corps still add more sand on the dune?
5. Why does USACE need to access to my property?
6. How were the required access areas determined?
7. What is the easement needed for USACE to construct and maintain the project?
8. What are the key provisions of the perpetual easement?
9. Can structures be relocated?
10. What is the process for the town to acquire easements?
11. What is the schedule for easements, acquisitions and construction?
12. Who can we contact if we have more questions?