EWP Recovery Buyout Option

EWP Recovery Buyouts are used where structural projects to reduce threats from flooding and erosion are not cost-effective and/or beneficial. Once NRCS determines that buying a flood-prone property (for example) would provide the pivotal solution and sustainable course of action for a community, EWP has the authority to provide local sponsors with financial assistance to purchase and preserve the land for the purpose of restoring the natural environment.

NRCS may provide project sponsors up to 75 percent (and up to 90 percent for limited resource areas) of:

• the fair market value based on an appraisal for the property,
• eligible acquisition and relocation costs, and
• site restoration costs.

This list is a simplification of the overall process. Each property is unique, and the owner's circumstances are different, so there may be some variance to the list.

1. Property owner(s) sign an Acknowledgement of Voluntary Participation.
2. The County has a 60-year title search conducted for the subject property.
3. The County has an environmental impact assessment conducted for the subject property.
4. If deemed eligible, the County orders an appraisal to aid in the determination of the pre-flood condition fair market value. 
5. The County presents an offer, which may be accepted or declined by the property owner(s).
6. If the County's offer is accepted by the property owner(s), a closing is scheduled.
7. After closing, the structure(s) will be demolished.

Properties are potentially eligible if they meet all of the following requirements for a buyout:

• be from willing, voluntary sellers;
• contain a structure threatened by additional flooding/erosion;
• adjacent lands that would contribute to the conservation purposes of the program as open space; and,
• restoration is feasible.

Structures may be relocated to an area NOT threatened by flooding or erosion, if it is determined to be an economic and feasible option.

Our team is proactively contacting owners of the flood-affected properties across Woodford County. If you haven't heard from us, please email ewpbuyout@woodfordcountyky.gov.

The USDA's Natural Resources Conservation Service (NRCS) Emergency Watershed Protection (EWP) Program has provisions to prevent the duplication of benefits by ensuring its assistance does not cover the same structural issue or practice that has already received funding from another federal source. NRCS coordinates with agencies like FEMA to avoid duplication, especially after a presidential disaster declaration.

Property owner(s) must disclose any federal aid received and utilized with a signed and notarized Duplication of Benefits Affidavit. The County will then calculate any duplicated benefits and deduct the corresponding amount from the fair market value (FMV) offer at closing.

The County prefers to use electronic communication (email). This method creates a date and time-stamped record of correspondence for everyone working on the project. You can message us at ewpbuyout@woodfordcountyky.gov.

Records for this project remain confidential until completion of the real estate transaction under an exemption in KRS 61.878 (1)(f) cited below.

The contents of real estate appraisals, engineering or feasibility estimates and evaluations made by or for a public agency relative to acquisition of property, until such time as all of the property has been acquired. The law of eminent domain shall not be affected by this provision;

The buyout process has far too many variables to provide a reasonably accurate estimate of time for completion. While our goal is to provide locally-led management, several key steps require the County to contract services with external organizations. Each of these services will require individual attention to address the unique circumstances of the property being acquired. Examples include:

• Title Opinion
• Environmental Assessment
• Appraisal
• Appraisal Technical Review
• Calculation of Duplication of Benefits
• Closing Document Preparation

No. Participation is voluntary, and property owner(s) have the option to exit the program at any time.

Property owner(s) whose primary residence at the time of the flood is being acquired through this program may be eligible for a mitigation payment of $31,000.00 in addition to the fair market value (FMV) determination.

Renters currently living in a property being acquired through this program may be eligible for a mitigation payment of up to $9,500.

Proof of residency will be required for mitigation payments.

Before closing, a Notice to Vacate will be issued. Renters currently living in a property being acquired through this program may be eligible for a mitigation payment of up to $9,500. Proof of residency will be required for mitigation payments.