Standards & Practices

Issue 5 – Conservation Easement Stewardship

In This Issue

This issue of the S&P E-Bulletin addresses Standard 11 - Conservation Easement Stewardship – and the associated Practices. Also included in this edition are notes from Land Trust Alliance publications (as well as links to helpful Land Trust Alliance material on the subject), and additional Texas-specific commentary.

We hope that this Bulletin will broaden readers' knowledge and expertise, expand the discussion of pertinent issues, and help to put into context some of the very real challenges facing land trusts and the further progress of conservation goals in Texas. Special thanks to the TLTC S&P committee, as well as Wesley Newman (Katy Prairie Conservancy), David Behm (formerly of Legacy Land Trust and Connemara Conservancy), Frank Davis (Hill Country Conservancy), and Sylvia Bates (Land Trust Alliance) for input and advice regarding this topic.

Standard 11: Conservation Easement Stewardship

"The land trust has a program of responsible stewardship for its easements."

Indicator Practices (noted in italics):

Practice 11A: Funding Easement Stewardship

The land trust determines the long-term stewardship and enforcement expenses of each easement transaction and secures the dedicated or operating funds to cover current and future expenses. If funds are not secured at or before the completion of the transaction, the land trust has a plan to secure these funds and has a policy committing the funds to this purpose. (See also 6G.)

Practice 11B: Baseline Documentation Report

For every easement, the land trust has a baseline documentation report (that includes a baseline map) prepared prior to closing and signed by the landowner at closing. The report documents the important conservation values protected by the easement and the relevant conditions of the property as necessary to monitor and enforce the easement. In the event that seasonal conditions prevent the completion of a full baseline documentation report by closing, a schedule for finalizing the full report and an acknowledgement of interim data [that for donations and bargain sales meets Treasury Regulations §1.170A-14(g)(5)(i)] are signed by the landowner at closing.

Practice 11C: Easement Monitoring

The land trust monitors its easement properties regularly, at least annually, in a manner appropriate to the size and restrictions of each property, and keeps documentation (such as reports, updated photographs and maps) of each monitoring activity.

Practice 11D: Landowner Relations

The land trust maintains regular contact with owners of easement properties. When possible, it provides landowners with information on property management and/or referrals to resource managers. The land trust strives to promptly build a positive working relationship with new owners of easement property and informs them about the easement's existence and restrictions and the land trust's stewardship policies and procedures. The land trust establishes and implements systems to track changes in land ownership.

Practice 11E: Enforcement of Easements

The land trust has a written policy and/or procedure detailing how it will respond to a potential violation of an easement, including the role of all parties involved (such as board members, volunteers, staff and partners) in any enforcement action. The land trust takes necessary and consistent steps to see that violations are resolved and has available, or has a strategy to secure, the financial and legal resources for enforcement and defense. (See also 6G and 11A.)

Practice 11I: Amendments

The land trust recognizes that amendments are not routine, but can serve to strengthen an easement or improve its enforceability. The land trust has a written policy or procedure guiding amendment requests that: includes a prohibition against private inurement and impermissible private benefit; requires compliance with the land trust's conflict of interest policy; requires compliance with any funding requirements; addresses the role of the board; and contains a requirement that all amendments result in either a positive or not less than neutral conservation outcome and are consistent with the organization's mission.

Other Practices associated with Standard 11 (full details available via the Learning Center of the Land Trust Alliance - Standard 11:

• Practice 11F: Reserved and Permitted Rights and Approvals
• Practice 11G: Contingency Plans/Backups
• Practice 11H: Contingency Plans for Backup Holder
• Practice 11J: Condemnation
• Practice 11K: Extinguishment

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