An easement is a legally binding agreement between two parties, and is defined as ”a non-possessory right to use and/or enter onto the real property of another without possessing it.“ An easement is required for one party to access, construct, or maintain any features and infrastructure on the property of another. Easements can be temporary or permanent. For example, temporary easements can be used if limits needed for construction are larger than the permanent easement footprint of constructed features. Having an easement provides a mechanism for enforcement of maintenance agreements to help ensure infiltration practices are maintained and functioning.
Construction of infiltration practices incorporate techniques and steps that may be considered nonstandard. It is recommended that construction specifications include project pre-treatment devices, construction sequencing, temporary and permanent erosion control measures, excavation and fill, grading, soil decompaction, material specifications, and final stabilization. All of these topics are addressed in further detail in sections 3.1 and 3.2 below.