Skip to main content

Real Estate Recording

Maintenance Declaration Filing Requirement

If your grant award is $5,000 or more, you will have to file a maintenance declaration for the project with your county land records office. The maintenance declaration is a legal document that states you will maintain the project for a length of time ranging from 10 years to the life expectancy of the installed best management practice.

Cities and other local government units will typically be exempt from filing a maintenance declaration.

Please consult your legal advisor for assistance with legal forms and advice. Once you record a document on your property it is permanent and can't be removed or altered. You will need to provide a receipt to RPBCWD staff that you have recorded the maintenance declaration

RPBCWD staff will determine if the grantee is eligible for up to a $500 reimbursement for qualifying costs related to drafting and filing a maintenance declaration. Qualifying expenses include but are not limited to:

  • Professional service fee to prepare/review maintenance declaration (e.g. attorney fee)
  • Fee from a licensed land surveyor to survey/describe project boundary if needed for county land recording
  • County real estate recording fee

 

Why do we require filing of a maintenance declaration?

A cost share grant can be a significant investment for the watershed district. To help protect this investment, a recorded maintenance declaration gives the watershed district legal footing to recoup cost if the grantee chooses to significantly alter or remove a grant-funded project before the end of its life expectancy.

 

General process

  1. Draft the maintenance declaration with your legal advisor. RPBCWD will provide a template with example content as a starting point. Send your draft document to RPBCWD for review by our legal advisor.
  2. Prepare any additional documents that your county recorder office may require. Check with your county on what is needed. A county may require a legal survey showing the location of the project on your property.
  3. Have your maintenance declaration notarized by the appropriate representative. RPBCWD has a notary public on staff that can witness your signature at no cost – let us know in advance if you’d like to schedule this service during regular business hours.
  4. Be prepared to pay a recording fee when you file at your county office. Check in advance if you can file online and what type of payment the office will accept.

 

More information about real estate recording:

Join our mailing list