preserving open land with conservation easements
DESCRIPTION
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 ConservancyTRANSCRIPT
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.
National Organizations: American Farmland Trust The Nature Conservancy Trust for Public Land
Statewide Organizations: New York Audubon
Regional Organizations: Open Space Institute Scenic Hudson
County/Local Organizations: Dutchess Land Conservancy Columbia Land Conservancy Hudson Highlands Land Trust Naromi Land Trust Oblong Land Conservancy Winnakee Land Trust
A Variety of Conservation Orgs.
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!
