Conservation Basics
by Kate Lampton,
January 27, 2011, page 4.....

Charlotte has a beautiful landscape, in part thanks to the Town’s foresight in support of conservation. Following is a first article in the Charlotte Land Trust’s now and then series on conservation topics.

Say you have some good farmland. Maybe you have an interesting area of stream and wetland where all sorts of critters abound.You’d really like to see your land stay as it is, but on the other hand, it represents a significant asset. How can you preserve the land, but realize some financial benefit? Maybe you want to protect the land beyond the time that you own it.What tool can do that? Land conservation could be the answer. But how does it work and what does it take to make it happen?

Landowners who have these and similar concerns usually start with a call to a land trust. Vermont is fortunate to have a strong network of local and statewide land trusts. In our town the Charlotte Land Trust (CLT) has been in business for twenty-five years. The Vermont Land Trust (VLT), the Nature Conservancy (TNC) and the Lake Champlain Land Trust are active here, as well. If a landowner calls one organization, but another is a better fit for that specific property, the landowner will be directed to the group that can best help. For complex projects it is common for more than one land trust to work together.

A land trust will meet with a landowner to look over the land and to determine the landowner’s wishes and needs. Not all land is suitable for conservation, a tool that is used for the most important farmland and natural areas. The land trust will assess the features of the land and if the property meets the trust’s criteria a project plan will be developed.

In addition to determining that a property’s features are worth conserving, the land trust will help the landowner figure out what land is to be protected, what is to be excluded (such as areas for limited future development), what future uses are appropriate and the financial aspects of the conservation deal. A land trust must also consider its capacity to accomplish the project and the long-term monitoring of it to insure that conservation goals are met. The land trust must determine if there is sufficient funding or fundraising potential to meet the landowner’s needs, if the project meets both the organization’s and the community’s goals and if the timeline for completion is doable.

If these early investigations show that a project is a go, the next major step is to determine the value of the conservation easement. In a conservation appraisal the value of the property at full market value and the value in its conserved state are determined. The difference between the two is the value of the conservation easement (sometimes referred to as the development rights value). A landowner can donate the value of the easement, sell it to the land trust for full appraised value, or sell it at less than full value, known as a bargain sale. Each option has ramifications for tax, capital gain and estate planning.
If a landowner is selling a conservation easement, fundraising becomes the next major step in completing the deal. In Vermont we’re fortunate to have the Vermont Housing and Conservation Board (VHCB) as a source of major funding. This organization uses money from federal sources and statewide property transfer tax proceeds to provide major support for both affordable housing and conservation projects. While these grants can be large, they are very competitive. Projects which can provide a local match have an advantage and that is where Charlotte is in a particularly good position.

For almost fifteen years our local Conservation Fund has provided an ongoing base of funding for local projects, either as the main source of funds or as a crucial match for VHCB and other funding sources. Every dollar we’ve spent is highly leveraged, ensuring that our money purchases far more than its face value. The Conservation Fund has been a key component of our most successful projects.

Once all of these elements have been worked out it’s time to draft the conservation easement. This legal document spells out the permitted uses and restrictions for a conserved property. The document is tailored to each parcel and its features as well as the needs and desires of the landowner. The easement also establishes the responsibility of the land trust to monitor the conserved property, to insure that the terms of the easement are adhered to.

Frequently, the last step of a successful conservation project is the celebration! This short article is just a summary of what can be a lengthy and complex process, but despite the inevitable bumps along the way, conserving a special piece of land is an immensely satisfying and exciting accomplishment for all involved. Charlotters, through our longstanding support of conservation, share in the celebration and the preserved landscape that has resulted.

Notice:
Conservation Appraisal Workshop. Join the Charlotte Land Trust for an informative workshop on conservation appraisals, a key component of the conservation process. Thursday, February 3, 2011, 7 – 9 p.m., at the Senior Center. For questions or more information, contact 425-2794.