Covenants and Easements

Title: Covenants and Easements
What does it mean?

An easement is a legal document that establishes the right of use over the property of another.

A covenant is an agreement, contract, or written promise between two entities that frequently constitutes a pledge to do or refrain from doing something.

Does this apply to me?

DC Water requires easements when a public utility is located on private property. This easement gives DC Water the right to occupy the space and to access the utility for maintenance if necessary. For example, an applicant will be required to record an easement for public facilities that will remain in a street or alley that is being closed for private use.

Applicants are required to prepare and record covenants when constructing something in public space that is not in conformance with the DC Water design standards and therefore will be maintained by the private property owner in lieu of DC Water.

When do I apply? At the time that the plans are being reviewed by DC Water staff.
What do I need to submit?

First, submit a draft document for review and comments by DC Water staff. Next, put the most current easement/covenant on the plan set so that at a minimum a draft of the document is on the construction documents. Finally, provide a signed and executed copy of the final recorded legal document to DC Water.

DC Water requires two types of covenants:

  1. DC Water allows applicants to construct buildings over sanitary, combined or storm sewers in situations where relocating the sewer is not possible. In return for allowing the applicant to build over top the sewer main the applicant must prepare and enter into a covenant with DC Water.
  2. An applicant may want to construct a private pipe system in public space. The applicant will be required to operate and maintain these pipe systems. The covenant will contain the applicant's statement in which they agree to perpetually operate and maintain the private pipe system.
Where do I go and apply?

Coordinate with your DC Water reviewer on when and how to submit the documentation.

How long will it take? How long it will take depends on the complexity of the project.
What do I Receive?

You will receive an easement or covenant that allows you to proceed with your construction project.

What are DC Water's fees for this? There are no review fees for this task.
Related Activities:
Additional Info
For more Info, call: For additional information contact the Permit Operations Department, Callie Schaper, at 202-646-8611.
Regulatory Info
Regulatory Info and other links
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