selecting projects
for conservation easements
a complex process to protect the land and the community
Conservation easements are powerful and nearly iron clad means of protecting land, but they require considerable effort as they are highly regulated by state law. The Land Trust tries to be selective in choosing land-saving projects. The following issues are considered by the Trust when reviewing land on which to place conservation easements.
1. Conservation easements must be consistent with the purposes and objectives of the Land Trust as contained in our Articles of Incorporation:
“To identify, research, preserve, protect, conserve and enhance critical lands within northeastern San Luis Valley, Colorado, which have significant ecological, water resource, natural, scenic, wildlife, historical, cultural, spiritual and/or archeological value, in order to maintain and improve the qualify of life of the general public. To acquire, own, manage, lease, hold, use, transfer and convey land, easements, water rights, mineral rights, rights of access and any and all real or personal property that may be necessary in a manner designed to preserve lands (as defined above) and to facilitate, support and promote scientific and environmental education programs of public and private educational organizations.”
2. The Land Trust has established a process, including written criteria, for selecting qualified land and conservation easement acquisitions.
The purposes of holding the easement must involve demonstrable conservation values such as restoration, preservation, and expansion of wildlife corridors, wetlands, parks, and open space.
We have already chosen a number of potential sites for conservation easements based upon the list of high specific priority projects established at our retreats (section 4) and these form our primary targets. We invite members of the Baca/Crestone to suggest other opportunities or lands that urgently need protection.
The Trust pursues several approaches to obtain deeds of conservation easement:
- Apply for funds from private foundations or public conservation programs for purchase of land.
- Seek donations of lots, which would either be included in the land preserved by a CE or sold or traded to obtain needed funds.
- Seek friends and supporters of the Land Trust who are willing to purchase lots for conservation easements.
- Contact owners of land with important conservation values.
- Acquire County tax lots.
Considering the difficulties of writing successful grant proposals and fund raising, the Land Trust encourages friends and supporters of CBLT to assist in the acquisition of land for conservation easements or who are willing to place conservation easements on land that they already hold.
3. The Land Trust shall assure preservation of land through conservation easements to be held by CBLT. Explicitly prohibited activities include the following:
a) Construction of roads or vehicle trails, with the exception of turn-outs for educational or informational purposes.
b) Use of snowmobiles, all-terrain vehicles, motorcycles, or other motorized vehicles.
c) Cutting, removing, or destruction of native vegetation, except by grazing, haying, or fire mitigation.
d) The storage, dumping or other disposal of toxic and/or hazardous materials.
e) Dumping or other disposal of non-compostable refuse, wildlife-attracting materials, or any other material that could reasonably be considered debris.
f) The change, disturbance, alteration, or impairment of the significant relatively natural ecological features or any Conservation Values.
g) _Conversion of native vegetation to exotic cover species or the introduction of non-native plant species; farming, plowing or any type of cultivation.
h) _Introduction or release of nonnative animal species.
i) _Filling, excavating, dredging, mining, drilling, and the exploration for or extraction of minerals, hydrocarbons, soils, sand, gravel, rock, or other materials on or below the surface.
j_) Construction or placement of any buildings, temporary living quarters of any sort, mobile homes, signs, billboards or other advertising materials, or utility towers or other structures, except as permitted for educational or informational purposes.
k) _Animal trapping.
l) _Application of biocides, herbicides, defoliants, chemical fertilizers, or other chemicals.
m) _Changing the topography of the Property by placing on it any soil, dredging spoils, landfill, or other material, except as necessary to conduct authorized construction activities.
n) _Establishment of any commercial activity.
o_) Guests, invitees and any other persons permitted on the Property may not bring domestic pets on lands that are being preserved as wildlife sanctuaries.
4. The following due diligence must be undertaken before a conservation easement can be placed on the land:
a) An appraisal must be performed by an individual with experience and reputation in the area of conservation easements.
b) A Base-line Document must establish the nature of the land prior to the conservation easement, identify prohibited activities, and provide maps, and photographs to enable effective monitoring by CBLT.
c) A qualified geologist must determine whether the severed minerals are likely to be extracted. The geological report must state that the probability of mineral extraction through surface methods “is so remote as to be negligible.”
d) An environmental hazards assessment must be conducted to verify that the property is not contaminated and unsafe for public use, will have high clean-up costs, or might expose the Land Trust to liability.
e) To protect conservation easements in perpetuity, the Land Trust will need volunteers to monitor the conservation easements annually.
5. The Land Trust does not intend to hold land permanently. Conservation lands will be transferred to the POA, according to an existing MOU between the Land Trust and the POA, to expand open space once the POA has obtained a 501(c) 3, which allows the Land Trust to donate, rather than sell, these lands to the POA. _The Land Trust will continue to hold and monitor annually, the conservation easement. |
