Compatible Uses. The Real Estate shall be dedicated and maintained for the use(s) set forth in the Program Documents for a five year period or until a Certificate of Completion is issued by OCRA.
Compatible Uses. The Property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space.
Compatible Uses. A. General
(1) WRP lands may be used for compatible economic uses, if such use is permitted by the warranty easement deed or 30-year contract, or authorized under the WRPO or a CUA, if applicable. The warranty easement deed or 30-year contract identifies that certain activities, such as undeveloped hunting and fishing pursuant to State and Federal regulations in effect at the time, is compatible with WRP and thus is a reserved right. Most other activities require site-specific evaluation prior to determining whether such activities are compatible. Note: Only activities that further both the long-term protection and enhancement of the wetland and other natural values of the project area may be authorized as compatible uses through the CUA process identified in this section.
(2) The State Conservationist, with advice from the STC, will establish guidelines for compatible uses. Approved activities must provide for the full array of habitat types for which the enrollment was established, unless changes in habitat or management objectives are identified by NRCS with input U.S. Fish and Wildlife Service (FWS). CUAs must not adversely affect habitat for migratory birds, at-risk species, and threatened or endangered species.
(3) On easements and 30-year contracts on non-Tribal trust lands, CUAs are required any time a landowner is affecting the hydrology or vegetation of the project area, even when the landowner is carrying out management activities determined necessary by NRCS and outlined in the WRPO.
(4) The initiation of the CUA process may stem from a landowner request or from NRCS-initiated discussions and subsequent agreement with the landowner that certain activities are warranted. A landowner who obtains approval to implement compatible use activities is not under any obligation to implement the activities; however, if the landowner chooses to implement the activities, they must be conducted in accordance with the terms of the authorization.
(5) Since resource conditions change over time, NRCS cannot determine that any use is permanently compatible with the project. Therefore, the landowner will not be assured of any specific level or frequency of such use that extends for the duration of the enrollment period, but rather compatible uses will be authorized for a specific period of time. All CUAs will be incorporated into the WRPO and will stipulate that NRCS retains the right to modify or cancel the use at any time NRCS determines the use to be in conflic...
Compatible Uses. The land shall be used for purposes compatible with open space, recreational, or wetlands management practices; in general, such uses include parks for outdoor recreational activities, nature reserves, unimproved previous parking lots and other uses described in 44 C.F.R. Section 206-434, as it reads now and may be amended in the future.
Compatible Uses. The term "Compatible Uses," means land uses which are appropriate given the area's exposure to Aircraft overflight and noise, and the limitations on development necessary to preclude potential hazards to air navigation. Compatible Uses which may conform with the preceding definition include, but are not limited to, commercial uses such as office, warehousing, manufacturing, business, professional, and wholesale and retail, provided any occupied structure is constructed using noise attenuation construction techniques in compliance with FAA regulations as further outlined in Sections 1.4.3.3, 1.4.3.4 and 3.18 below; communication uses; transportation uses such as railroad, motor vehicle, rapid transit and street railway transportation; street and highway rights-of-way; utility rights-of way; parking; general dispersed recreation; golf courses; and drainage facilities.
Compatible Uses. During the Agreement Term, any activities within the Project Property boundary depicted in Exhibit J that add a nutrient load are strictly prohibited. Prior to the Land Transfer, however, Developer retains the right to generate additional revenue from the Project Property through compatible uses that will not be detrimental to constructing and successfully operating a stormwater treatment area, including ecotourism (e.g., guided tours, fishing, camping, related concessions) (collectively, the “Compatible Uses”). Notwithstanding any language in this Agreement to the contrary, performing site preparation activities for the Project (e.g., clearing, preliminary grading, etc.) on the Project Property in accordance with any necessary permits, regardless of whether prior to or after the issuance by the District of a Notice to Proceed to Construct, shall expressly be included within the Compatible Uses. Mitigation banking or offsite mitigation of any kind is not a Compatible Use of the Project Property.
Compatible Uses. Goose Creek shall provide Lessor with written notice of its intention to interconnect distribution facilities to the Delivery Facilities or Delivery Facilities Additions for the purpose of serving other customers of Goose Creek. Goose Creek shall furnish Lessor such plans and specifications and other information regarding the proposed interconnection as Lessor may reasonably request in order to evaluate the nature and extent of the proposed interconnection and to ensure Goose Creek’s continued compliance with its service obligations to the Mt Xxxxx Xxxxxxx and other obligations set forth herein. Within 30 days of the receipt of such plans and specifications, Lessor shall make a determination whether the proposed uses of the Delivery Facilities or Delivery Facilities Additions to serve other Goose Creek customers are consistent with Goose Creek’s performance of its service obligation to the Mt Xxxxx Xxxxxxx and its other obligations herein; such uses of the Delivery Facilities or Delivery Facilities Additions to serve other Goose Creek customers, that conform to and are consistent with Goose Creek’s performance of its obligations herein, are referred to as "Compatible Uses". Any facilities interconnected to, or added to, the Delivery Facilities or Delivery Facilities Additions to serve a Compatible Use are referred to as “Third Party Distribution Lines”.
Compatible Uses. It is expressly understood that:
(a) the Easement is granted to METC hereunder subject to all rights of Authorized Users (as defined below) for Compatible Uses (as defined below) pursuant to all grants and authorizations made at any time prior to the Commencement Date; and
(b) subject to Section 5.3 and Articles 7 and 8 hereof, Consumers hereby expressly reserves and retains the rights (i) to at all times use and occupy the Premises and the Transmission Facilities for its own Compatible Uses, and (ii) to authorize and permit Authorized Users to use and occupy the Premises and the Transmission Facilities for Compatible Uses pursuant to grants and authorizations given by Consumers at any time after the Commencement Date.
Compatible Uses. State reserves for itself, its successors and assigns, the right at all times for any purpose to cross and re-cross the Premises at any place or grade, to grant easements/licenses over or leases to the Premises, to sell, or otherwise dispose of minerals, coal, oil, timber, gas, or other valuable materials from the Premises insofar as the State's activities on the Premises and any grant of rights the State makes to any person or entity shall not unreasonably interfere with the activities permitted hereunder.
Compatible Uses. The Easement Area shall be used only for flood storage capacity, wetlands management, open green space, or recreational purposes. The following uses are compatible and are expressly permitted in the Easement Area:
i. Any use of the Easement Area existing or proposed (See Exhibit A) on the date of this agreement may continue in such use.
ii. Roadway or utility crossings necessary for the functional use of adjacent lands, as approved in advance by the City’s Director of Public Works & Utilities.
iii. Trails or other public recreational components as approved in advance by the City’s Director of Public Works & Utilities.
