Army Corps of Engineers "yellow line"

Linden Smith

Cyburbian
Here's one that has me stumped. The Army Corps of Engineers maintains a lake, around it they have designated a level to which they may flood, or raise the level of the lake, which they call the "yellow line". It seems to be something like an easement or right of way for planning purposes. A developer is lotting off the lake and wants to include the "yellow line" area as part of the lots for calculation of lot size.

Has anyone out there ever had any experience with this type of thing? My call would be that, like the road ROW, it would not be part of the lot for area calculations, but outside of that, there may be good rationals going either way.

Cardinal

Cyburbian
I would (reluctantly) go with the developer on this one. The area between the usual water level and the yellow line seems to be something like a floodplain, which we would include in lot area calculation. Of course, if you would normally not count floodplain....

AC

Where I work, in some zoning districts you can calculate 1/2 the abutting dedicated right-of-way to calculate lot size. In this case, it sounds like a public easement, and could be used like the above to calculate lot size.

However, we also have many creek,lake and wetland areas with lots directly abutting these areas. Actual boundaries change and move over the years,but what we do is dedicate easements by plat. These easements are special types of protection easements which are on the actual lots, but construction therein is restricted by plat note.

Linden Smith

Cyburbian
I think Michael and AC both have good points. Ordinarilly, I too would have to side with the developer, were it a case of a right-of-way such as a road. The difference here that bothers me is that the Corps of Engineers says that the "yellow line" area is a space that may be the new water level. If we were to approve the "yellow line" area as part of the lot for area calculations, could the property owner then claim a taking if the Corps has to raise the level of the lake?