Easements

Easement

The pipeline right of way or easement is the area over and on either side of the pipeline in which you and Cobb County-Marietta Water Authority (CCMWA) share a legal interest. An easement agreement, which was negotiated when the pipeline was installed, gives CCMWA the legal right to bury, maintain, replace and retain access to the pipeline(s) on your property for general maintenance and repair. Changes in property ownership do not alter the easement agreement. Many activities are allowed on the pipeline right of way, but there are also usage restrictions to protect property interests, maintain the integrity of the pipeline, and ensure your safety. 

 

 

 

 

 

 

 

 

 

 

Allowed Activities:

  • Shallow cultivation of lawns and flower and vegetable gardens provided the planting depth does not exceed 12 inches.
  • Installation of low-growing ornamental shrubs with a maximum expected height of 4 feet. Shrubs must be maintained by the owner at a 4-foot height.
  • Livestock grazing. 
  • Use as a play area, provided that no equipment/structures are permanently installed.
  • Use as a sports field, park, walking trail, etc.
  • Yard fencing, provided that 12’ wide access gates are installed with no visual obstruction above 5’ at gate locations.  CCMWA-provided locks must be installed.

Right of Way Restrictions:

  • NO permanent structures of any type (buildings, sheds, decks, patios, concrete slabs, etc.)
  • NO mechanized ditching or excavation to within 10 feet of the extremities of the pipeline; hand digging only to within 5 feet of the pipeline.
  • NO excavation or construction over the pipeline or within the right of way without CCMWA personnel present.
  • NO grading or fill placed over the pipeline unless approved in writing by CCMWA.
  • NO impoundment of water (installation of pools, ponds, etc.).
  • NO obscuring of pipeline right of way or markers from view.
  • NO heavy equipment or vehicles parked or moved across the right of way without CCMWA analysis & approval.
  • NO trees planted on the right of way.
  • NO wells or boring activities.
  • NO blasting in the vicinity of the pipeline.
  • NO pile driving.

Call Before You Dig

CMWA sometimes posts blue pipeline markers at regular intervals along the right of way. These markers indicate that a pipeline is buried below, but do not show the exact location or depth. That’s why whenever you will be digging near the pipeline, it is important to call 811, the national one-call locating service. A single call to 811 gets all underground lines marked for free and prevents damage to the pipeline, loss of service, delay of your project, fines, injury, or even death. Know what's below, always call 811 before you dig. 

Need More Information? 

If you have any questions about whether a specific activity is allowed, or would like to obtain a copy of the easement agreement that applies to your property, contact CCMWA’s Administration and Engineering Office at (770)-514-5300 or click here to submit an inquiry. 

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