preserving open land with conservation easements

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The Hudson Valley is a treasured landscape that has undergone tremendous change over the past century. This forum explores how science-based stewardship on private land can help protect and promote healthy forests and open spaces, now and for future generations. Presentations explore threats our forests and natural areas face – from invasive species and climate change to deer overabundance – and actions that can be taken on a site-by-site basis to optimize conditions. A special focus will be given to the overlap between sport hunting and conservation communities, with a roundtable discussion on advancing common ground. Hosted April 12, 2014 at Cary Institute of Ecosystem Studies Presentation Part II by: Becky Thornton, Dutchess Land Conservancy

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Preserving Open Land with Conservation

Easements

Sustainable Stewardship: Maintaining Value in Hudson Valley Landscapes Workshop

Cary Institute of Ecosystem Studies & DLC

About Dutchess Land Conservancy

Helps protect our working farms……

Our wetland habitats….

Our intact forests….

Our unparallel scenic views….

And our fragile water resources.

Dutchess Land Conservancy

Photos by Pat Ike

New York Land Trusts

According to the 2010 National Land Trust Census Report, between 2005 & 2010:

Land Trusts in NY have protected almost 1 million acres: 97 Land Trusts operating in NY 57 have staff – 23 are all-volunteer 70,000 members & supporters

Nationally: Over 1,600 land trusts across the country According to the LTA - 10 million acres has been

conserved by nonprofit land trusts from 2005-2010.

Why Protect Land?

To protect resources that benefit the public:

Farmland – Food & fiber – one of the largest industries in NY

Forest Land – Clean air, unfragmented wildlife habitats, carbon sequestration, forest products

Ecosystems – Just beginning to understand significance of

healthy ecosystems Water Resources – Wetlands, watercourses, lakes,

reservoirs, aquifers – clean drinking water; flood/storm protection

Scenic Views – Quality of life; rural character; tourism Recreation/Parks - Public access to outdoors - healthy

lifestyles; fun and enjoyment; outdoor education

Historical Significance Statewide, Regional or Local Significance

Why Protect Land?

Local Protection

1985

1990

1995

2000

2005

2010

2012

2013

05000

10000150002000025000300003500040000

Year

Acres

Land Protected Over Time

Dutchess Land ConservancyConservation Easements

0 5 10 Miles

DLC Conservation Easement

1985247 Acres Protected

Hu

ds

on

Riv

er

Dutchess Land ConservancyConservation Easements

0 5 10 Miles

DLC Conservation Easement

Hud

son

Riv

er

19904,239 Acres Protected

Dutchess Land ConservancyConservation Easements

Hud

son

Riv

er

0 5 10 Miles

DLC Conservation Easement

19956,885 Acres Protected 2000

14,735 Acres Protected

DLC Conservation Easement

0 5 10 Miles

Hu

ds

on

Riv

er

Dutchess Land ConservancyConservation Easements

1985 247 acres

1990 4,239 acres

1995 6,885 acres

2000 14,735 acres

2010 - 32,500 acres 2005 - 23,026 acres

Our Work

Purchase Land

Purchase Conservation Easements/Development

Rights (PDR)

Accept Donations of Conservation Easements

Land Conservation Options

The most popular and widely used tool for protecting private land across the United States is the Conservation Easement.

Commonly Asked Questions about

Conservation Easements

Why would a landowner want to place a Conservation Easement on their property?

Loves/cares about their land. Cares about the community and values

rural character – its why they live there.

Understands why the land is important –recreation/health, fresh food, clean air

& water.

Wants to give a gift to the future/leave a legacy.

Is not interested in developing the land anyway.

Wants to realize some equity without having to sell some or all of the land

(if sell CE). Potential income tax benefits. State tax credit for property taxes paid. Potential estate tax benefits. May be a requirement of zoning in

exchange for increased density or other benefit .

Common Questions

What is a Conservation Easement?

If a landowner sells/gives an Easement does he still own

and control his property?

Does a Conservation Easement require a Landowner to allow

public access?

To whom is a Conservation Easement given/sold?

What is the difference between a

Conservation Easement and a Deed

Restriction? Can a Landowner

sell/donate an Easement and still develop his land?

Common Questions

What are the financial and/or

tax advantages of selling/donating an

Easement? Do Conservation Easements

allow land management such as

timber harvests and farming?

Is it difficult to sell a Property

with a Conservation Easement

on it? How is a Conservation

Easement enforced? If we want to consider a

Conservation Easement, what do we do? Who do we approach?

Common Questions

The Process

Initial meeting and site visit. Determine Landowner's

future goals for the property.

Resource analysis. Optional land planning. Determine easement terms

with landowner/draft easement.

Appraisal to determine value.

Consensus on value. Seek funding (if applicable.) Board approval by org. Easement closing/filing on

county/town records – runs with the land.

Easement Stewardship – annual monitoring , landowner

relationships, and enforcement

(if necessary.)

The Easement Process

Evaluating Resources

Determining ResourcesAg. Land• Prime and Important Farmland soils• Agricultural Districts, active agricultural parcels• Critical massWater Resources• Wetlands (State, Locally, Regionally, Nationally

designated)• Stream corridors, water bodies, rivers• Aquifers• Important watersheds/watersheds key to public water

supplyForest Land/Habitat• Productive forests• Intact forests• Significant natural resource areas• Significant habitatsVisually Significant• Major scenic vistas/viewsheds• RidgelinesRecreation• Important recreational lands• Trail networksLocal , Regional, State &/or Historical Significance• Land protected by others (national, state, county, local,

other conservation groups)

• Open space identified in local, county master plans or open space plans or has important historical significance.

Evaluating Resources

Evaluating Resources

Evaluating Resources

Meeting with the Landowner and Coming to Consensus

What are my goals for the land? What do I care about most? How do I want to use my land?

(Farming, forestry, natural state,recreation…)

Do I have financial considerations?(Should I retain future

subdivision options?)

Children/family considerations? Estate planning considerations?

Board Approval

Accepting the responsibility for permanent conservation easements requires the perpetual exercise of management and oversight duties.

Easement Stewardship

Obligations of the Holder of a Conservation Easement

What is Easement Stewardship?

STEWAR

DSHIP

Monitoring

Enforcement

Landowner Relationships and Education

Record Keeping

Example 1 - Developing a Plan for the Property

What Makes Sense?

100 Acre property +

Resources: • soils/ag. land• streams/wetlands• woodlands/ habitat/steep slopes

Other Considerations - Siting:

Non-crestline.

Avoid siting in the middle of a farm field.

Buffer from water body.

Avoid fragmentation of forestland.

9 Lot Plan – Allowed under Zoning

Goal – Retain house sites for my 2 children: 3 Lot Plan with a conservation easement on 100 acres.

Goal – Retain house sites for my 2 children: 2 Lot Plan with a conservation easement on 100 acres.

What if you are a town facing a development proposal? - 9 Lot Plan allowed under Zoning

Goal – Development - 9 Lot Plan –CE on 42 acres of OS held by HOA or SFHO

Lot 78 Acres

Lot 85 Acres

Lot 96 Acres

OPEN SPACE – 42 ACRESOwned by a HOA or as part of a single lot combined with either Lot 7, 8, or 9

Goal – Development - 6 Lot “Flex” Plan – CE on Open Space owned by HOA

More Examples

Example 2 – Competing resources - weighing your options.

Resource Analysis

16 Lots

Landowner goal – 3 Lots

Landowner goal – 1 Lot

Conflicting Resource Protection Goals

Goal – Protect the wetlands and habitat areas.

Goal – Protect the scenic view and prime farm soils.

Example 3 – 620 ac. BCS

Resources

Soils

Water

Slopes

Habitat

Composite

So How do We Strike a Balance?

Composite

Between Human Use & Resource Protection?

Uses:• Recreational• Forestry• Agricultural• Residential• Future Residential• Educational• Scientific Research

Composite

& Also Maintain Value?

In ConclusionIts aboutmaking choices… planning for the future of our land…

…by balancing a landowner’s needs with protecting what’s most important…forever.

“Alone we can do so little;together we can do so much.”

~ Helen Keller

DLC is lucky to have great support from its members, local towns, and the community. We appreciate the opportunity to let you know more about us.

Dutchess Land ConservancyP.O. Box 1384289 Route 82Millbrook, NY 12545(845) 677-3002(845) 677-3008 (fax)www.dutchessland.org

Thank you!

Example 4 - Planning the future of a property & protecting its

most important resources.

A 210-acre property

Resource Summary

Planning Map

Visual Assessment

Zoning

Option One42 Lots – 3+ ac. each

Conventional Subdivision

Conventional SubdivisionResourceOverlay

Water res. bufferPrime ag. soilsImportant ag. soils

Conventional Subdivision

Water res. bufferPrime ag. soilsImportant ag. soilsScenic Viewshed

Resources and Scenic Views

12 Lot Plan50 ac. Farm Parcel

8 smaller lots (6.4 ac.+)

3 large lots (18.6 - 48 ac.)

12 Lot Plan

Water res.bufferPrime ag. soilsImportant ag. soils

Resource Overlay

12 Lot Plan

Water res.bufferPrime ag. soilsImportant ag. soilsScenic Viewshed

Resources & Scenic Views

8 Lot Plan

Water res.bufferPrime ag. soilsImportant ag. soilsScenic Viewshed

Resources & Scenic Views

5 Lot Plan5 Large Lots

& potential CE

5 Lot Plan

Water res.bufferPrime ag. soilsImportant ag. soilsScenic Viewshed

Resources & Scenic Views

3 Lot Plan

3 Large Lots

& potential CE

3 Lot Plan

Water res.bufferPrime ag. soilsImportant ag. soilsScenic Viewsheds

Resources & Scenic Views

In ConclusionIts aboutmaking choices… planning for the future of our land…

…by balancing a landowner’s needs with protecting what’s most important…forever.

“Alone we can do so little;together we can do so much.”

~ Helen Keller

DLC is lucky to have great support from its members, local towns, and the community. We appreciate the opportunity to let you know more about us.

Dutchess Land ConservancyP.O. Box 1384289 Route 82Millbrook, NY 12545(845) 677-3002(845) 677-3008 (fax)www.dutchessland.org

Thank you!

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