Accomack supervisors approve change from perpetual to 4-year temporary easements for ditch maintenance

The Accomack County Board of Supervisors voted on June 17 to amend its ditch-maintenance policy so that the county will seek four-year temporary easements — rather than perpetual easements — before performing future ditch work on private property.

Stewart Hall, Public Works and Facilities, reviewed the draft policy revisions, told the board the change reflects landowner concerns about granting perpetual easements and reduces the legal and administrative burden on property owners while preserving the county’s ability to inspect and maintain drainage infrastructure.

Hall said the draft on the meeting agenda replaced perpetual easements with a four-year temporary easement and removed an exception clause that earlier drafts had allowed. He told the board the county attorney’s office had previously done substantial title research and document work for perpetual easements and that a four-year permit would lessen future staff time spent preparing and recording documents.

Board members raised objections from several large landowners who had expressed they would accept only a two-year term and would not sign perpetual easements because of perceived property-value impacts. One supervisor emphasized that perpetual easements had created unrealistic expectations by some property owners that the county would inspect and perform work more frequently than staff resources permit.

The board approved two motions related to the policy change: first, to adopt the revised policy replacing perpetual easements with temporary four-year easements for future ditch work; and second, to allow property owners who previously recorded perpetual easements to request that the county convert those agreements to the new four-year term.

Staff said the county will use tax maps to assemble a list of properties with recorded perpetual easements and will prepare a standard form letter for property owners who wish to request conversion to a four-year term.

Why it matters: ditch and culvert maintenance affects drainage, road safety and stormwater management across Accomack’s 450 square miles. The policy change reduces a barrier that staff said had slowed maintenance activity on private holdings and aims to increase landowner cooperation.

Action: The board approved the policy change and authorized outreach to owners of previously recorded perpetual easements to allow them to request conversion to four-year temporary easements.