ELURs - The Land Surveyor’s Role…
An Environmental Land Use Restriction (ELUR) Survey, also known as an Environmental Land Use Control (ELUC) Survey, is a document or process used in environmental and land management to identify and document restrictions or controls on the use of a particular parcel of land due to environmental contamination or hazards. These surveys are typically conducted in the context of environmental remediation and regulatory compliance, such as cleaning up contaminated sites and ensuring that the land is safely used in the future.
The purpose of ELUR Surveys is to identify and describe any limitations on how a property can be used or developed because of past environmental contamination, hazardous materials, or other environmental concerns. The goal is to protect human health and the environment while allowing for safe land use. ELUR Surveys often contain information about the historical use of the land, any environmental contamination that may have occurred, and the remediation efforts undertaken to address the contamination. Components typically include detailed information on the restrictions or controls placed on the property. This can include restrictions on activities like digging, construction, or water use, as well as requirements for ongoing monitoring or maintenance.
ELUR Surveys are often legally binding documents that may be required by regulatory agencies. They serve as a critical component in the management and monitoring of contaminated sites to ensure that the risks are minimized. In some cases, the presence of an ELUR or land use restrictions may need to be made publicly known to prevent unintended environmental exposure or risks. This might involve public notices or disclosures. ELUR Surveys are also essential when properties with environmental concerns change ownership. Prospective buyers and developers need to be aware of any land use restrictions in place to make informed decisions. They also often involve long-term management plans that include requirements for periodic site inspections and ongoing reporting.
The Role of the Land Surveyor in an ELUR
In the context of ELUR Surveys, Land Surveyors collaborate with environmental consultants and legal experts to accurately represent the boundaries of the restricted areas in the associated documentation. Surveyors ensure that the legal descriptions and mapping of the restricted zones are accurate and comply with the regulations. This helps landowners and other stakeholders have a clear understanding of the restrictions and controls in place due to environmental contamination. It's essential that the work of the surveyor aligns with the regulatory requirements and the broader goals of environmental protection associated with ELUR Surveys.
When it comes to ELUR Surveys, a Licensed Land Surveyor may be involved in the following capacities:
Boundary Determination: A Land Surveyor may be required to precisely define the boundaries of the property affected by an ELUR. Accurate boundary information is essential for creating maps and documents related to the ELUR.
Mapping: Surveyors may be responsible for mapping the physical boundaries and affected areas within the property, ensuring that the survey results are accurately represented.
Document Preparation: Surveyors assist in the preparation of official survey documents, which may be required for regulatory compliance and legal purposes. These documents may include maps, descriptions, and other pertinent information related to the ELUR.
Stakeout: In some cases, Land Surveyors may be responsible for physically marking the boundaries or affected zones on the property to help property owners and other stakeholders understand the restrictions in place.
Monitoring and Compliance: Licensed Land Surveyors may be involved in ongoing monitoring and compliance reporting, as land use restrictions associated with an ELUR may require periodic surveys to ensure adherence.
The involvement of a Licensed Land Surveyor in an ELUR may vary depending on the complexity of the project, and the nature of the environmental contamination. For example, there are specific requirements for the survey, depending on the aggregate size of the contaminated subject area(s) compared to the overall parcel size, and the property use, such as strictly residential, or non-residential. Further, the Connecticut Department of Energy and Environmental Protection (CTDEEP) implemented revised regulations in February of 2021 that included additional requirements that surveyors must include when completing a new ELUR survey or updating an existing survey. These are just some of the reasons why consulting with professionals experienced in environmental regulations and surveying is crucial when dealing with ELUR-related projects, to ensure compliance and proper documentation with all requirements.
MCA has collaborated with environmental consultants, remediation companies, and legal experts to provide land surveying services on numerous ELUR-related projects in Connecticut. Our involvement has included all of the capacities listed above. Projects have varied in size and complexity and have included large sites with numerous contaminated areas across multiple parcels. This experience has provided us with a sound understanding of the requirements and process for completing land surveying services for ELURs, allowing us to become a trusted resource for clients in need of this type of survey work.
For more information on how we can assist with your project, or to find out more about the land surveying process related to ELURs, contact Jason Berasi, LLS, MCA’s Survey Manager. Jason can be reached at jberasi@martinezcouch.com.