Clean Water Services must hold easements for all public sanitary sewer, storm sewer, water quality/quantity facilities, and vegetated corridors. For new development, most easements will be documented on the plat, and some are dedicated by document. Plat review is part of the Site Development process. Before construction starts, any off-site or unplatted easements by document must be approved and accepted by CWS. Please refer to standard language for platted easements for additional information.
Easement Vacation (Quit Claim)
For CWS to give up legal interest in an easement, the applicant must submit the required information and fee. If a facility in an easement is being relocated, the easement cannot be vacated until the relocation is complete and accepted by CWS.
Encroachment Approval
The project proposal should avoid impacting any existing easement on a property. Only with CWS staff approval may a permanent structure be placed on or above a sanitary sewer or storm and surface water management easement. An approved encroachment must not limit CWS access to the facility for maintenance and repair. Approval is required for buildings and elevated structures such as decks and overhangs. To apply, submit information about the size and reason for the requested encroachment with the fee.
Standard Language for Platted Easements
If you are submitting a plat within unincorporated Washington County, the following standard language must be used. Failure to use this language may require correction and resubmittal.
Types of Platted Easements
Protective easement over a sensitive area buffer
- Phrase: Storm Sewer, Surface Water, Drainage, and Detention easement
- Example: Tract “A” is subject to a Storm Sewer, Surface Water, Drainage, and Detention easement over its entirety to benefit Clean Water Services.
Easement over a water quality facility
- Phrase: Storm Sewer, Surface Water, Drainage, and Detention easement
- Example: Tract “A” is subject to a Storm Sewer, Surface Water, Drainage, and Detention easement over its entirety to benefit Clean Water Services.
Easement for a storm sewer system
- Phrase: Storm Sewer easement
- Example: Storm Sewer easement to benefit Clean Water Services
Easement for a sanitary sewer system
- Phrase: Sanitary Sewer easement
- Example: Sanitary Sewer easement to benefit Clean Water Services.
Access easement
- Phrase: Access easement
- Example: Access easement to benefit Clean Water Services
Additional Clarifications
- Easements intended to benefit Clean Water Services should not be granted to the Public. The incorrect terms are common mistakes we have seen on plat reviews.
- CORRECT – Storm Sewer easement to Clean Water Services
- INCORRECT- Public Storm Sewer easement to Clean Water Services
- INCORRECT – Public Storm Sewer easement
- A “Utility Easement” does not meet Clean Water Services easement requirements.
If you have additional questions, please contact Jackie Humphreys in Development Services at 503.681.5101.