Transmission line easements restrict the by right land use of private property, even if a use would be permitted by the electric company, it would be governed by a Consent Agreement which would have to be requested and documented. Transmission easements affect a property – in perpetuity.
In the case of privately owned property, it affects the generational wealth of the property owner and their family. Easements are perpetual.
The following types of Encroachments will generally be denied by the Rights of Way Management of the Company (See the transmission Row Restriction documents linked on the right) ):
- Buildings, building extensions, building additions, or any portion of a building . By way of example and not limitation, the following items generally will not be approved: homes, offices, garages, dams, sheds, roof overhangs, gutters, balconies, decks, porches, and covered patios;
- Playground equipment; Swimming pools, wells, septic tanks, drain fields (to include engineered systems),fuel tanks, and propane tanks; HVAC units; Satellite dishes and television antennas;
- Stored trailers, motor homes/recreational vehicles (RV’s), and inoperable vehicles; Most watercraft
- Sprinkler systems (excluding drip systems), Retaining walls; Storm water ponds, BMP’s, retention ponds, or any man-made pond;
- Burial sites, family plots, and cemeteries.
- Dumpsters and trash receptacles; Debris, scrap or waste materials, fill, spoil material, stumps, large boulders, concrete debris, asphalt debris, and construction debris; Building materials;
- Any type of fire or burning;
- Solar panels;
- Fire hydrants
The above is just the tip of the ice berg. The presence and proximity to one or more HVAC transmission rows severely restricts not only the aesthetics and enjoyment of the property but the development of the property.
A 765kV on V-structs with guyed-wires in a new 200’ easement (as has been proposed for our area) precludes using large sections of a property for farming or vineyards.
For context a space 200’ x 200’ = 1 acre. Individual properties would be rendered un-fit for many of the agricultural and tourism businesses otherwise allowed by-right on those properties.
Additionally, the HUD website titled Hazards & Nuisances: Overhead High Voltage Transmission Towers and Lines "The appraiser must indicate whether the dwelling or related property improvements is located within the easement serving a high-voltage transmission line, radio/TV transmission tower, cell phone tower, microwave relay dish or tower, or satellite dish (radio, TV cable, etc).
- If the dwelling or related property improvement is located within such an easement, the DE Underwriter must obtain a letter from the owner or operator of the tower indicating that the dwelling and its related property improvements are not located within the tower's (engineered) fall distance in order to waive this requirement."
If your property is located in part or in full within the easement, you may have to do extra paperwork to qualify for a loan and could be refused. The ROW and structures on it could prevent potential buyers from qualifying for a loan to buy your property if you choose to sell.